Court Code
NAHCMD

Public law - Public Procurement Act, Act 15 of 2015 - Section 55(4) and (5) of the Public Procurement Act, Act 15 of 2015 discussed in respect of the review period.

 

Contract – Breach of a lease agreement – Damages allegedly sustained as a consequence of defendant’s failure to maintain the premises as agreed – Plaintiff is required to prove that there is sufficient causa

Applications – Urgency – Requirements prescribed by rule 73(4) of the Rules of Court restated - a party bringing an application on an urgent basis must set out explicitly the circumstances which he or she avers render the matter urgent and the reasons why he or she claims he or she could not be afforded substantial redress at a hearing in due course – Respondent brought a counter-application to the applicant’s appl

Practice – Applications and motions – Urgent application for interdict and eviction granted – Tacit relocation, Non-joinder and Collateral challenge discussed.

Husband and wife – Proprietary rights – Marriage out of community of property by virtue of the provisions of s 17(6) of the Native Administration Proclamation 15 of 1928 – Parties being registered owners of an immovable property, in equal and undivided shares and co-mortgagors in respect of a mortgage bond registered over the property and serving as security for a loan advanced to the parties – The defendant disput

Practice – Judgments and orders – Rule 121(2) – Application for stay of execution of judgment pending appeal to the Supreme Court – factors to be considered by court restated, namely potentiality of irreparable harm or prejudice being sustained by the respective parties; prospects of success on appeal; and balance of convenience or hardship – leave to execute order granted.