CASE NO. 89/2002 IN THE HIGH COURT OF SOUTH AFRICA (BOPHUTHATSWANA PROVINCIAL DIVISION) In the matter between: 1 ST APPLICANT
|
|
- Florence Mathews
- 5 years ago
- Views:
Transcription
1 CASE NO. 89/2002 IN THE HIGH COURT OF SOUTH AFRICA (BOPHUTHATSWANA PROVINCIAL DIVISION) In the matter between: SHERA INVESTMENTS CC t/apie CITY SEHER BANO PEER 1 ST APPLICANT 2 ND APPLICANT and THE PUBLIC INVESTMENT COMMISSIONERS THE SHERIFF, MORETELE 1 ST RESPONDENT 2 ND RESPONDENT JUDGMENT MOGOENG J. [1] The first Applicant is a closed corporation, a franchisee of Pie City, of which the second Applicant is the sole member. The first Respondent is a body which is duly vested with the authority and power to lease out business premises or office space at the Temba City Shopping Complex to any interested person. The first Respondent did lease out business premises at the abovementioned shopping complex to the Applicants. It follows that the Applicants were operating their pie business from this complex. [2] During 2001 the first Respondent instituted an action for the ejectment of the Applicants in the Magistrate s Court at Temba. Judgment was given in favour of the first Respondent on 09 January
2 2002. On the basis of this judgment, the first Respondent sued a warrant of ejectment out of the office of the Clerk of Court. It was duly handed over to the second Respondent for execution. [3] Armed with the aforementioned warrant of ejectment, the second Respondent went to the Applicants aforementioned business premises and removed the second Applicant and his employees. Thereafter, he locked the doors so as to deny the Applicants and their employees access to the premises. When the second Applicant and the employees were removed from the premises, the Applicants stock, equipment and other belongings were not removed. [4] About one or two hours after the abovementioned people had been removed from the building, the Applicants served a notice of appeal on the Respondents. When the first Respondent still refused to restore the status quo ante as the Applicants apparently expected them to do, upon being served with the notice of appeal, this application was then launched. [5] Two issues, which were raised by the Applicants, fall for determination in this application: 5.1 Did failure to remove the Applicants movable property result in an incomplete eviction which, it is common cause, would be tantamount to no eviction at all? 5.2 If no eviction had taken place, then it would follow that the abovementioned notice of appeal had the effect of suspending the execution of the Court order and that the status quo ante would have to be restored. I address these issues below.
3 [6] The form, nature and contents of the warrant of ejectment are set out as follows in FORM 30" of the Rules of the Magistrate s Court: This is to authorise and require you to put the said plaintiff in possession of the said premises or land by removing therefrom the said defendant for which this shall be your warrant. This is the form which any Warrant of Ejectment issued by any Clerk of Court must substantially comply with. Accordingly, when the first Respondent approached Magistrate s Court, Moretele, for a Warrant of Ejectment to be sued out against the Applicants, it was issued in the following terms: This is to authorise and require you to put the said Plaintiff in possession of the said premises or land by removing therefrom the said Defendant and all persons claiming occupation by or through or under him for which this shall be your warrant. [7] This warrant of ejectment complies with the material terms of FORM 30 above. It also complies with the same FORM 30 that is reproduced in the SHERIFF S HANDBOOK 1 for the guidance and benefit of the Sheriffs. The warrant of ejectment told the second Respondent exactly what was expected of him. All that the second Respondent was called upon to do in terms of the above warrant of ejectment was to remove the Applicants and their employees from the first Respondent s premises. This he did. There is nothing in the warrant of ejectment enjoining him to remove the belongings of the Applicants as well. When the second Respondent took possession of the keys to the business premises and locked the doors, thereby denying the Applicants
4 and their employees any further access to the premises, he had thereby completed their eviction and taken possession of the said premises on behalf of the first Respondent at whose instance he was acting. 2 The eviction was complete. Whatever logistical problems and misunderstanding that may have arisen, relating to the belongings of the Applicants that remained in the premises, have no bearing on the completeness or validity of their ejectment. I am, therefore, satisfied that the eviction was completed, as per the warrant of ejectment, when the second Respondent locked the door(s) of the premises after having removed the Applicants and their employees therefrom. I deal next with the effect of the notice of appeal. [8] It was the Applicants contention that their notice of appeal mentioned above should have had the effect of automatically suspending the operation or execution of the Court order. As a general principle, this is correct. 3 However, I have already found, above, that the Court Order was executed when the second Respondent removed the Applicants and their employees from the first Respondent s premises and locked them out. Accordingly, when the Applicants filed and served their notice of appeal one or two hours after their effective removal from the premises, there was nothing to suspend anymore. The order had been fully executed and could not at that late stage be suspended by the notice of appeal. The notice of appeal did not, therefore, have the effect of automatically suspending the operation of the Court order. I turn now to costs.
5 [9] The second Respondent was nothing more than an agent of the first Respondent. If the first Respondent ordered him to release the goods of the Applicants he would, no doubt, have done so without hesitation. On the other hand, the Applicants never wrote a letter to any of the Respondents asking them to release their goods. In all the letters they wrote to the first Respondent, they sought to rely on the fact that their goods were not removed from the premises to strengthen their case that they had not yet been evicted and that since they had filed a notice of appeal, the operation of the Court order was thereby suspended and they should be allowed back into the premises. [10] The first Respondent 4 at its own risk caused a notice of attachment in execution, filed of record as Annexure D, to be sued out of the office of the Clerk of Court. As a result, the Applicants movable property at the premises in question was attached. No order was made in favour of the first Respondent under case No. 1647/ which would have entitled the first Respondent to sue out such a notice. It is, therefore, clear to me that the first Respondent must have known firstly, that the Applicants movables were in its premises even after the removal of the Applicants and their employees, and secondly, that the reason why the Applicants movables were kept in those premises was its own notice of attachment in execution aforementioned. The Applicants must have known this reason as well. Notwithstanding this the Applicants never wrote a letter to the first Respondent alerting it to the irregularity of the attachment and demanding the release of their goods. It was only in the urgent application that all these things were complained about for the first time. When that was done, the
6 first Respondent agreed that the goods be released. [11] In all likelihood the second Respondent would not have opposed this application had the Applicants not asked for an order for costs against him. The Applicants should have realised that the second Respondent was merely the first Respondent s agent, acting both in terms of the notice of attachment in execution and a warrant of ejectment. The Applicants should have refrained from seeking a costs order against him. Accordingly, in respect of the second Respondent, I will order that the Applicants should pay the costs which were reserved on 05 March 2002, if any, and the costs of the 28 March 2002 application. As regards the Applicants and the first Respondent, they have both attained a measure of success on 05 March 2002 and on 28 March Accordingly I will order that each of these parties pay its own costs. In the result, I make the following order: a). b). c). The Respondents are finally directed to release all the movable property, belonging to the Applicants, to the Applicants; The other prayers are refused and the application in respect thereof is accordingly dismissed; The Applicants are to pay costs of this application to the second Respondent; and d). The Applicants and the first Respondent are each to pay their own costs.
7 M.T.R. MOGOENG JUDGE OF THE HIGH COURT
8
9
10 APPEARANCES DATE OF HEARING : 28 MARCH 2002 DATE OF JUDGMENT : 18 APRIL 2002 COUNSEL FOR APPLICANTS : ADV G. BLOM COUNSEL FOR 1 ST RESPONDENT COUNSEL FOR 2 ND RESPONDENT ATTORNEYS FOR APPLICANT : ADV A. BESTER : ADV N. GUTTA : HERMAN SCHOLTZ ATTORNEYS FOR 1 ST & 2 ND RESPONDENTS : VAN ONSELEN & VAN ROOYEN
IN THE HIGH COURT OF SOUTH AFRICA NORTH WEST HIGH COURT, MAHIKENG
IN THE HIGH COURT OF SOUTH AFRICA NORTH WEST HIGH COURT, MAHIKENG CASE NO. 100/2014 In the matter between: SCHALK VISSER PLAINTIFF and PEWTER STAR INVESTMENTS CC 1 ST DEFENDANT SUSANNA MARGARETHA WEISS
More informationIN THE HIGH COURT OF SOUTH AFRICA GAUTENG DIVISION, PRETORIA
IN THE HIGH COURT OF SOUTH AFRICA GAUTENG DIVISION, PRETORIA CASE NO:83409/2015 DELETE WHICHEVER IS NOT APPLICABLE (1) REPORTABLE: YES/NO (2) OF INTEREST TO OTHERS JUDGES: YES/NO (3) REVISED...... DATE
More informationGuidelines for sheriffs: EVICTIONS
Guidelines for sheriffs: EVICTIONS FOREWORD The South African Board for Sheriffs has prepared this Guideline for sheriffs: Evictions for the use of the sheriff s profession. The execution of eviction orders
More informationREPUBLIC OF SOUTH AFRICA IN THE HIGH COURT OF SOUTH AFRICA GAUTENG LOCAL DIVISION, JOHANNESBURG
SAFLII Note: Certain personal/private details of parties or witnesses have been redacted from this document in compliance with the law and SAFLII Policy REPUBLIC OF SOUTH AFRICA IN THE HIGH COURT OF SOUTH
More informationIN THE HIGH COURT OF SOUTH AFRICA (BOPHUTHATSWANA PROVINCIAL DIVISION)
1 IN THE HIGH COURT OF SOUTH AFRICA (BOPHUTHATSWANA PROVINCIAL DIVISION) In the matter between: CASE NUMBER: 997/2008 K E MONYE APPLICANT and S SMIT RESPONDENT JUDGMENT. [1] On 29 th April 2008 the Applicant
More informationH.M. MUSI, JP et HANCKE, J
IN THE HIGH COURT OF SOUTH AFRICA (ORANGE FREE STATE PROVINCIAL DIVISION) In the case between: Case No.: 201/2007 ROBIN GERALDINE GRIESEL and LENRé LIEBENBERG CORAM: H.M. MUSI, JP et HANCKE, J JUDGMENT:
More informationRepublic of South Africa IN THE HIGH COURT OF SOUTH AFRICA (WESTERN CAPE HIGH COURT, CAPE TOWN) MR VIDEO (PTY) LTD...Applicant / Respondent
Republic of South Africa IN THE HIGH COURT OF SOUTH AFRICA (WESTERN CAPE HIGH COURT, CAPE TOWN) In the matter between: CASE NO: 18783/2011 MR VIDEO (PTY) LTD...Applicant / Respondent and BROADWAY DVD CITY
More informationPensions (Amendment) Act, No. 18/1996: PENSIONS (AMENDMENT) ACT, 1996 ARRANGEMENT OF SECTIONS
Pensions (Amendment) Act, 1996 1996 18 No. 18/1996: PENSIONS (AMENDMENT) ACT, 1996 ARRANGEMENT OF SECTIONS 1 Definition. 2 Amendment of section 2 of Principal Act. 3 Amendment of section 3 of Principal
More informationGENERAL ASSEMBLY OF NORTH CAROLINA SESSION
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 0 S SENATE BILL Judiciary II Committee Substitute Adopted /1/0 House Committee Substitute Reported Without Prejudice //0 Short Title: Clarification of Nuisance
More informationIN THE HIGH COURT OF SOUTH AFRICA EASTERN CAPE, MTHATHA CASE NO. CA&R 53/2013 REPORTABLE JUDGMENT
IN THE HIGH COURT OF SOUTH AFRICA EASTERN CAPE, MTHATHA CASE NO. CA&R 53/2013 REPORTABLE In the matter between: SIPHO ALPHA KONDLO Appellant and EASTERN CAPE DEVELOPMENT CORPORATION Respondent JUDGMENT
More information(5) A witness summons issued by a Tribunal shall be in Form E set out in the First Schedule.
Rev. 2010] Land Disputes Tribunals CAP. 303A 9 SUBSIDIARY LEGISLATION THE LAND DISPUTES TRIBUNALS (FORMS AND PROCEDURE) RULES, 1993 1. These Rules may be cited as the Land Disputes Tribunals (Forms and
More informationIN THE HIGH COURT OF SOUTH AFRICA NORTH WEST DIVISION, MAFIKENG JASPER JOHANNES MALAN
Reportable: Circulate to Judges: Circulate to Magistrates: Circulate to Regional Magistrates: YES / NO YES / NO YES / NO YES / NO IN THE HIGH COURT OF SOUTH AFRICA NORTH WEST DIVISION, MAFIKENG CASE NO:
More informationIN THE HIGH COURT OF SOUTH AFRICA BOPHUTHATSWANA PROVINCIAL DIVISION CASE: 504/07. In the matter between: MORETELE LOCAL MUNICIPALITY APPLICANT.
IN THE HIGH COURT OF SOUTH AFRICA BOPHUTHATSWANA PROVINCIAL DIVISION CASE: 504/07 In the matter between: MORETELE LOCAL MUNICIPALITY APPLICANT and NKADIMENG BOTLHALE TRAINING AND CONSULTANCY CC RESPONDENT
More informationRULES BOARD FOR COURTS OF LAW ACT, 1985 (ACT NO. 107 OF 1985)
Justice and Constitutional Development, Department of/ Justisie en Staatkundige Ontwikkeling, Departement van R. 1272 Rules Board for Courts of Law Act (107/1985): Amendment of the Rules of High Court
More informationGOVERNMENT NOTICES GOEWERMENTSKENNISGEWINGS
NO.33355 3 GOVERNMENT NOTICES GOEWERMENTSKENNISGEWINGS No~ R. 591 DEPARTMENT OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT D~PARTEMENT VAN JUSTISIE EN STAATKUNDIGE ONTWIKKELING 9 July 2010 AMENDMENT OF THE
More informationIN THE HIGH COURT OF SOUTH AFRICA (WESTERN CAPE DIVISION, CAPE TOWN) Plaintiff. Defendant
SAFLII Note: Certain personal/private details of parties or witnesses have been redacted from this document in compliance with the law and SAFLII Policy IN THE HIGH COURT OF SOUTH AFRICA (WESTERN CAPE
More informationRule 4. Process. (a) Summons Issuance; who may serve. Upon the filing of the complaint, summons shall be issued forthwith, and in any event within
Rule 4. Process. (a) Summons Issuance; who may serve. Upon the filing of the complaint, summons shall be issued forthwith, and in any event within five days. The complaint and summons shall be delivered
More informationMINISTER OF CORRECTIONAL SERVICES JUDGMENT. [1] In accordance to an agreement which was reached between the
Not Reportable IN THE HIGH COURT OF SOUTH AFRICA EASTERN CAPE LOCAL DIVISION PORT ELIZABETH In the matter between: Case No: 3509/2012 Date Heard: 15/08/2016 Date Delivered: 1/09/2016 ANDILE SILATHA Plaintiff
More informationHOW TO DEAL WITH ILLEGAL OCCUPATION OF LAND
ILLEGAL LAND OCCUPATION HOW TO DEAL WITH ILLEGAL OCCUPATION OF LAND ILLEGAL LAND OCCUPATION The purpose of the documents is to make a clear distinction between: Unlawful access to property and squatting,
More informationIN THE HIGH COURT OF SOUTH AFRICA. FIRSTRAND BANK LIMITED Plaintiff. ANDRé ALROY FILLIS First Defendant. MARILYN ELSA FILLIS Second Defendant JUDGMENT
IN THE HIGH COURT OF SOUTH AFRICA NOT REPORTABLE EASTERN CAPE, PORT ELIZABETH Case No.: 1796/10 Date Heard: 3 August 2010 Date Delivered:17 August 2010 In the matter between: FIRSTRAND BANK LIMITED Plaintiff
More informationCHAPTER 6:05 STATE LIABILITY AND PROCEEDINGS ACT ARRANGEMENT OF SECTIONS PART I PART II
State Liability and Proceedings 3 CHAPTER 6:05 STATE LIABILITY AND PROCEEDINGS ACT ARRANGEMENT OF SECTIONS PART I SECTION 1. Short title. 2. Interpretation. PRELIMINARY PART II SUBSTANTIVE LAW 3. Liability
More informationCommissioners Guidelines_Oct2016
DRAFT GUIDELINES FOR COMMISSIONERS OF THE SMALL CLAIMS COURTS Kindly submit comments/inputs to: Adv Pieter A du Rand Chief Director: Court Services Department of Justice and Constitutional Development
More informationCHAPTER 318 THE TRUSTEES' INCORPORATION ACT An Act to provide for the incorporation of certain Trustees. [25th May, 1956]
CHAPTER 318 THE TRUSTEES' INCORPORATION ACT An Act to provide for the incorporation of certain Trustees. [25th May, 1956] [R.L. Cap. 375] Ord. No. 18 of 1956 G.Ns. Nos. 112 of 1962 478 of 1962 112 of 1992
More informationBELIZE LANDLORD AND TENANT ACT CHAPTER 189 REVISED EDITION 2003 SHOWING THE SUBSIDIARY LAWS AS AT 31ST OCTOBER, 2003
BELIZE LANDLORD AND TENANT ACT CHAPTER 189 REVISED EDITION 2003 SHOWING THE SUBSIDIARY LAWS AS AT 31ST OCTOBER, 2003 This is a revised edition of the Subsidiary Laws, prepared by the Law Revision Commissioner
More informationIn the matter between: OLD MUTUAL ASSURANCE COMPANY. TYCOON TRADING ENTEPRISE CC trading as COPPER CHIMNEY RESTAURANT
IN THE KWAZULU-NATAL HIGH COURT, DURBAN REPUBLIC OF SOUTH AFRICA In the matter between: OLD MUTUAL ASSURANCE COMPANY Case No: 13481/2010 Applicant and TYCOON TRADING ENTEPRISE CC trading as COPPER CHIMNEY
More information1. The name of the society shall be THE POLOKWANE SOCIETY OF ADVOACTES (hereinafter referred to as the Society ).
CONSTITUTION OF THE POLOKWANE SOCIETY OF ADVOCATES (AS ADOPTED AT A SPECIAL GENERAL MEETING OF MEMBERS HELD ON 16 OCTOBER 2014, AT BLUE VALLEY COUNTRY CLUB, MIDRAND) I. NAME AND OBJECTS 1. The name of
More informationIN THE HIGH COURT OF SOUTH AFRICA GAUTENG LOCAL DIVISION, JOHANNESBURG
1 IN THE HIGH COURT OF SOUTH AFRICA GAUTENG LOCAL DIVISION, JOHANNESBURG CASE NO. 2013/39121 DELETE WHICHEVER IS NOT APPLICABLE 1. REPORTABLE: YES/NO 2. OF INTEREST TO OTHER JUDGES: YES/NO 3. REVISED...
More informationBELIZE INTERNATIONAL FINANCIAL SERVICES COMMISSION ACT CHAPTER 272 REVISED EDITION 2011 SHOWING THE SUBSTANTIVE LAWS AS AT 31 ST DECEMBER, 2011
BELIZE INTERNATIONAL FINANCIAL SERVICES COMMISSION ACT CHAPTER 272 REVISED EDITION 2011 SHOWING THE SUBSTANTIVE LAWS AS AT 31 ST DECEMBER, 2011 This is a revised edition of the Substantive Laws, prepared
More informationIN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
IN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG Reportable/Not Reportable Case no: J 2591/17 In the matter between: FAIS OMBUD Applicant and MPHO RAMETSI First Respondent COMMISSION FOR CONCILIATION
More informationTHE PARTIES The applicant is a director of companies having his principal place. of business at Long Ridge Building 53, Ridge Road, Glenhazel,
IN THE HIGH COURT OF SOUTH AFRICA (ORANGE FREE STATE PROVINCIAL DIVISION) In the matter of: Case Nr.: 3386/2005 BASIL WEINBERG Applicant and PS 2033 INVESTMENTS CC 1 st Respondent CONSTANTINOS RETSINAS
More informationMaintenance Act 9 of 2003 section 49
MADE IN TERMS OF section 49 Government Notice 233 of 2003 (GG 3093) came into force on date of publication: 17 November 2003 The Government Notice which issues these regulations repeals the regulations
More informationFREE STATE HIGH COURT, BLOEMFONTEIN REPUBLIC OF SOUTH AFRICA KRAMER WEIHMANN & JOUBERT INC
FREE STATE HIGH COURT, BLOEMFONTEIN REPUBLIC OF SOUTH AFRICA In the application between:- KRAMER WEIHMANN & JOUBERT INC Application No: 3818/2011 Plaintiff and SOUTH AFRICAN COMERCIAL CATERING AND ALLIED
More informationCOMMUNAL PROPERTY ASSOCIATIONS AMENDMENT BILL
REPUBLIC OF SOUTH AFRICA COMMUNAL PROPERTY ASSOCIATIONS AMENDMENT BILL (As introduced in the National Assembly (proposed section 76); explanatory summary of Bill published in Government Gazette No. 772
More informationORDINARY STANDING ORDERS OF THE INCORPORATED PRE-SCHOOL LEARNING ALLIANCE ( THE CHARITY )
ORDINARY STANDING ORDERS OF THE INCORPORATED PRE-SCHOOL LEARNING ALLIANCE ( THE CHARITY ) 1. Timetable for Annual General Meetings 1.1 Notification of the date of the next Annual General Meeting ( AGM
More informationTHE PUBLIC PREMISES (EVICTION OF UNAUTHORISED OCCUPANTS) ACT, 1971 ACT NO. 40 OF 1971
THE PUBLIC PREMISES (EVICTION OF UNAUTHORISED OCCUPANTS) ACT, 1971 ACT NO. 40 OF 1971 [23rd August, 1971.] An Act to provide for the eviction of unauthorised occupants from public premises and for certain
More informationIN THE NORTH WEST HIGH COURT, MAHIKENG MARTHINUS JOHANNES LAUFS DATE OF HEARING : 28 OCTOBER 2016 DATE OF JUDGMENT : 01 DECEMBER 2016
Reportable: Circulate to Judges: Circulate to Magistrates: Circulate to Regional Magistrates: YES / NO YES / NO YES / NO YES / NO IN THE NORTH WEST HIGH COURT, MAHIKENG In the matter between: CASE NO:
More informationThe Natural Products Marketing Act
The Natural Products Marketing Act UNEDITED being Chapter N-3 of The Revised Statutes of Saskatchewan, 1978 (effective February 26, 1979). NOTE: This consolidation is not official. Amendments have been
More informationPORTIONS OF ILLINOIS FORCIBLE ENTRY AND DETAINER ACT 735 ILCS 5/9-101 et. seq.
Sec. 9-102. When action may be maintained. (a) The person entitled to the possession of lands or tenements may be restored thereto under any of the following circumstances: (1) When a forcible entry is
More informationCAPE KILLARNEY PROPERTY INVESTMENTS (PTY) LTD v MAHAMBA AND OTHERS 2001 (4) SA 1222 (SCA) Vivier Adcj, Howie JA and Brand AJA
CAPE KILLARNEY PROPERTY INVESTMENTS (PTY) LTD v MAHAMBA AND OTHERS 2001 (4) SA 1222 (SCA) Citation Case No 495/99 Court Judge 2001 (4) SA 1222 (SCA) Supreme Court of Appeal Heard August 28, 2001 Vivier
More informationCourt of Appeal Act Chapter C37 Laws of the Federation of Nigeria Arrangement of Sections. Part I General
Court of Appeal Act Chapter C37 Laws of the Federation of Nigeria 2004 Arrangement of Sections 1. Number of Justices of the Court of Appeal. Part I General 2. Salaries and allowances of President and Justices
More informationTWILIGHT BREEZE TRADING 119 CC [Registration number: 2003/065363/23]
.. \ { :' IN THE HIGH COURT OF SOUTH AFRICA, FREE STATE DIVISION, BLOEMFONTEIN Reportable: YES/NO Of Interest to other Judges: YES/NO Circulate to Magistrates: YES/NO In the matter between:- Case No: 4134/2017
More informationIN THE LAND CLAIMS COURT OF SOUTH AFRICA
IN THE LAND CLAIMS COURT OF SOUTH AFRICA Held in Vryheid on 1-3 September 2003; 3-5 May 2004 before Moloto J Decided on : 20 May 2004 CASE NUMBER: LCC23/02 In the matter between: HENDRIK CAREL GERHARDUS
More informationIN THE HIGH COURT OF SOUTH AFRICA (TRANSVAAL PROVINCIAL DIVISION) JUDGMENT. [1] The applicant seeks a final interdict in terms of which he claims
IN THE HIGH COURT OF SOUTH AFRICA (TRANSVAAL PROVINCIAL DIVISION) CASE NUMBER: 32771/03 In the matter between: M W MOGOLEGO APPLICANT and S MATHE 1 ST RESPONDENT MINISTER OF AGRICULTURE AND LAND AFFAIRS
More informationIN THE HIGH COURT OF SOUTH AFRICA GAUTENG LOCAL DIVISION, JOHANNESBURG THE SPAR GROUP LIMITED
REPUBLIC OF SOUTH AFRICA IN THE HIGH COURT OF SOUTH AFRICA GAUTENG LOCAL DIVISION, JOHANNESBURG CASE NO: 41791 / 2013 (1) REPORTABLE: YES / NO (2) OF INTEREST TO OTHER JUDGES: YES/NO (3) REVISED... DATE...
More informationYACHTING WA CONSTITUTION
YACHTING WA CONSTITUTION 1. NAME The name of the Association shall be Yachting Western Australia (Inc.). 2. DEFINITIONS AND INTERPRETATION 2.1 In this Constitution and any amendments hereto and in any
More informationIn the matter between: Case No: 1288/2012. TRANSNET LIMITED First Applicant. LE TAP CC Second Applicant. OCEANS 11 SEAFOODS TAKE OUT CC Respondent
NOT REPORTABLE IN THE HIGH COURT OF SOUTH AFRICA (EASTERN CAPE, PORT ELIZABETH) In the matter between: Case No: 1288/2012 TRANSNET LIMITED First Applicant LE TAP CC Second Applicant And OCEANS 11 SEAFOODS
More informationSTANDING ORDER (GENERAL) 307 PROCESSES AND REGISTER [SAPS 264]
STANDING ORDER (GENERAL) 307 PROCESSES AND REGISTER [SAPS 264] 1. Background Every member is, by virtue of section 13 of the South African Police Service Act, 1995 (Act No 68 of 1995) authorised to serve
More informationCHAPTER 337 THE SOCIETIES ACT An Act to provide for the registration of societies and for other related matters. [1st June, 1954]
CHAPTER 337 THE SOCIETIES ACT [PRINCIPAL LEGISLATION] ARRANGEMENT OF SECTIONS Section Title 1. Short title. 2. Interpretation. 3. Determination of whether a society is a sports association. 4. Sports associations
More informationPROCEDURE TO FILE AN EVICTION
PROCEDURE TO FILE AN EVICTION FILING FEE: $185.00 SUMMONS: $10.00 SHERIFF S FEE TO SUMMONS: $40.00 Per Tenant (Sheriff will only accept cash, money order or a business check) 1. A 3 Day Notice to Vacate
More informationIN THE NORTH GAUTENG HIGH COURT, PRETORIA (REPUBLIC OF SOUTH AFRICA)
IN THE NORTH GAUTENG HIGH COURT, PRETORIA (REPUBLIC OF SOUTH AFRICA) CASE NO: 70623/11 [1) REPORTABLE: [2) OF INTEREST TO OTHER JUDGES: t^no) it [3) REVISED. DATE In the matter between: CENTWISE 153 CC
More informationBuffalo City Metropolitan Municipality JUDGMENT
1 IN THE HIGH COURT OF SOUTH AFRICA EAST LONDON CIRCUIT LOCAL DIVISION Case nos: EL270/17; ECD970/17 Date heard: 22/6/17 Date delivered: 28/6/17 Not reportable In the matter between: David Barker Applicant
More informationIN THE HIGH COURT OF SOUTH AFRICA (EASTERN CAPE HIGH COURT: MTHATHA) CASE NO : 1766/08. Date heard : 21 June Date delivered : 08 July 2010
IN THE HIGH COURT OF SOUTH AFRICA (EASTERN CAPE HIGH COURT: MTHATHA) CASE NO : 1766/08 Date heard : 21 June 2010 Date delivered : 08 July 2010 In the matter between: ATSON MADABASE PHUPHUMA Applicant and
More informationIncome Tax Authorities
Income Tax Authorities Income Tax Act, 1961 provides for the administrative and judicial authorities for administration of this Act. The Direct Tax Laws Act, 1987 has brought far-reaching changes in the
More informationLEASE ADDENDUM FOR DRUG-FREE HOUSING. Property Address:
LEASE ADDENDUM FOR DRUG-FREE HOUSING Property Address: In consideration of the execution or renewal of a lease of the dwelling unit identified in the lease, Owner and Resident agree as follows: 1. Resident,
More informationLAW SOCIETY OF KENYA ACT
LAWS OF KENYA LAW SOCIETY OF KENYA ACT CHAPTER 18 Revised Edition 2012 [1980] Published by the National Council for Law Reporting with the Authority of the Attorney-General www.kenyalaw.org [Rev. 2012]
More informationSP & C CATERING INVESTMENTS (PTY) LTD. MANUEL JORGE MAIA DA CRUZ First Respondent. CASCAIS RESTAURANT CC Second Respondent
NOT REPORTABLE SOUTH GAUTENG HIGH COURT, JOHANNESBURG CASE NO: 40746/2010 DATE: 10/11/2010 In the matter between: SP & C CATERING INVESTMENTS (PTY) LTD Applicant and MANUEL JORGE MAIA DA CRUZ First Respondent
More informationCASE NO. 795/2000 IN THE HIGH COURT OF SOUTH AFRICA (BOPHUTHATSWANA PROVINCIAL DIVISION) In the matter between: and
795/2000 CASE NO. IN THE HIGH COURT OF SOUTH AFRICA (BOPHUTHATSWANA PROVINCIAL DIVISION) In the matter between: MARCEL ANDREW MOLEMA PLAINTIFF and MEMBER OF THE EXECUTIVE COUNCIL FOR SAFETY & SECURITY
More informationJURISDICTION OF REGIONAL COURTS AMENDMENT ACT
REPUBLIC OF SOUTH AFRICA JURISDICTION OF REGIONAL COURTS AMENDMENT ACT REPUBLIEK VAN SUID-AFRIKA WYSIGINGSWET OP REGSBEVOEGDHEID VAN STREEKHOWE No 31, 08 2 GENERAL EXPLANATORY NOTE: [ ] Words in bold type
More informationSupreme Lodge of the World, Loyal Order of Moose
1 LOYAL ORDER OF MOOSE c. 76 Supreme Lodge of the World, Loyal Order of Moose being a Private Act Chapter 76 of the Statutes of Saskatchewan, 1913 (effective December 19, 1913). NOTE: This consolidation
More informationTHE PUNJAB RIGHT TO SERVICE ACT, 2011 ( PUNJAB ACT NO.24 OF 2011.) A ACT
PART-1 DEPARTMENT OF LEGAL AND LEGISLATIVE AFFIARS, PUNJAB Notification The 20 th October, 2011 No.37-leg/2011- The following act of the Legislature of the State of Punjab received the assent of the Punjab
More informationSOUTH GAUTENG HIGH COURT, JOHANNESBURG REPUBLIC OF SOUTH AFRICA. SP&C CATERING INVESTMENTS (PTY) LTD Plaintiff
SOUTH GAUTENG HIGH COURT, JOHANNESBURG REPUBLIC OF SOUTH AFRICA Case No.2010/09079 Date:22/09/2010 In the matter between: SP&C CATERING INVESTMENTS (PTY) LTD Plaintiff and MANUEL JORGE MAIA DA CRUZ First
More informationIN THE LAND COURT OF LESOTHO
IN THE LAND COURT OF LESOTHO Held at Maseru In the matter between: TSELISO MOKEMANE LC/APN/30B/2013 1 ST APPLICANT And TLHAKO MOKHORO HER WORSHIP MRS. MOTEBELE MINISTRY OF JUSTICE ATTORNEY GENERAL LAND
More informationIN THE GAUTENG DIVISION OF THE HIGH COURT OF SOUTH AFRICA, PRETORIA
V IN THE GAUTENG DIVISION OF THE HIGH COURT OF SOUTH AFRICA, PRETORIA Not reportable In the matter between - CASE NO: 2015/54483 HENDRIK ADRIAAN ROETS Applicant And MINISTER OF SAFETY AND SECURITY MINISTER
More informationBELIZE BELIZE BUSINESS BUREAU ACT CHAPTER 307 REVISED EDITION 2000 SHOWING THE LAW AS AT 31ST DECEMBER, 2000
BELIZE BELIZE BUSINESS BUREAU ACT CHAPTER 307 REVISED EDITION 2000 SHOWING THE LAW AS AT 31ST DECEMBER, 2000 This is a revised edition of the law, prepared by the Law Revision Commissioner under the authority
More informationDoctors Nova Scotia Act
Doctors Nova Scotia Act CHAPTER 12 OF THE ACTS OF 1995-96 as amended by 2012, c. 26 2016 Her Majesty the Queen in right of the Province of Nova Scotia Published by Authority of the Speaker of the House
More informationBAYELSA STATE DEVELOPMENT AND INVESTMENT CORPORATION LAW, 2012
BAYELSA STATE DEVELOPMENT AND INVESTMENT CORPORATION LAW, 2012 ARRANGEMENT OF SECTIONS SECTIONS 1. Establishment of the Corporation 2. Authorized Capital 3. Head office of the Corporation 4. Vesting of
More informationLAWS OF TRINIDAD AND TOBAGO MARRIED PERSONS ACT CHAPTER 45:50. Act 52 of 1976
MARRIED PERSONS ACT CHAPTER 45:50 Act 52 of 1976 Current Authorised Pages Pages Authorised (inclusive) by L.R.O. 1 20.. 1/2006 L.R.O. 1/2006 2 Chap. 45:50 Married Persons Note on Subsidiary Legislation
More informationCHAPTER 77 THE GOVERNMENT PROCEEDINGS ACT. Arrangement of Sections.
CHAPTER 77 THE GOVERNMENT PROCEEDINGS ACT. Arrangement of Sections. Section 1. Interpretation. PART I INTERPRETATION. PART II SUBSTANTIVE LAW. 2. Right to sue the Government. 3. Liability of the Government
More informationNigerian National Petroleum Corporation Act Chapter N123 Laws of the Federal Republic of Nigeria 2004
Nigerian National Petroleum Corporation Act Chapter N123 Laws of the Federal Republic of Nigeria 2004 Arrangement of sections Part I Establishment of the corporation 1. Establishment of the Nigerian 2.
More informationNC General Statutes - Chapter 1A 1
1A-1. Rules of Civil Procedure. The Rules of Civil Procedure are as follows: Chapter 1A. Rules of Civil Procedure. Article 1. Scope of Rules One Form of Action. Rule 1. Scope of rules. These rules shall
More informationHaryana School Education Act, 1995
CHAPTER 1 PRELIMINARY 1. (1) This Act may be called the Haryana School Education Act, 1995. (2) It extends to the whole of the State of Haryana. (3) It shall come into force on such date, as the State
More information2011 Bill 6. Fourth Session, 27th Legislature, 60 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 6 RULES OF COURT STATUTES AMENDMENT ACT, 2011
2011 Bill 6 Fourth Session, 27th Legislature, 60 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 6 RULES OF COURT STATUTES AMENDMENT ACT, 2011 THE MINISTER OF JUSTICE AND ATTORNEY GENEERAL First
More information2017 Commonwealth of Massachusetts Town of Essex Warrant for Special Town Meeting ARTICLE 1
Essex, ss: 2017 Commonwealth of Massachusetts Town of Essex Warrant for Special Town Meeting To either of the Constables of the Town of Essex; GREETINGS: In name of the Commonwealth of Massachusetts you
More informationIN THE HIGH COURT OF SOUTH AFRICA (NORTHERN CAPE DIVISION, KIMBERLEY)
1 SAFLII Note: Certain personal/private details of parties or witnesses have been redacted from this document in compliance with the law and SAFLII Policy Reportable: Circulate to Judges: Circulate to
More informationIN THE HIGH COURT OF SOUTH AFRICA GAUTENG LOCAL DIVISION, JOHANNESBURG
SAFLII Note: Certain personal/private details of parties or witnesses have been redacted from this document in compliance with the law and SAFLII Policy REPUBLIC OF SOUTH AFRICA IN THE HIGH COURT OF SOUTH
More informationCircuit Court for Montgomery County Case No V UNREPORTED. Berger, Friedman, Fader,
Circuit Court for Montgomery County Case No. 425615V UNREPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 562 September Term, 2017 SHARON HARLEY v. STEVE WILLIAMS Berger, Friedman, Fader, JJ. Opinion
More informationJudgment Sheet IN THE HIGH COURT OF SINDH AT KARACHI. Suit No. 812 of 2001
Judgment Sheet IN THE HIGH COURT OF SINDH AT KARACHI Suit No. 812 of 2001 Present : Mr. Justice Nadeem Akhtar Date of hearing : 27.11.2012. Plaintiff : International Brands (Pvt.) Limited, through Mr.
More informationThe Magistrates Court Act
The Magistrates Court Act UNEDITED being Chapter 110 of The Revised Statutes of Saskatchewan, 1965 (effective February 7, 1966). NOTE: This consolidation is not official. Amendments have been incorporated
More informationG-STAR RAW SOUTH AFRICA (PROPRIETARY) LIMITED MANUAL PREPARED IN ACCORDANCE WITH SECTION 51 OF
G-STAR RAW SOUTH AFRICA (PROPRIETARY) LIMITED Registration number: 2013/012742/07 MANUAL PREPARED IN ACCORDANCE WITH SECTION 51 OF THE PROMOTION OF ACCESS TO INFORMATION ACT, No. 2 OF 2000 ("PAIA") DATE
More informationIN THE HIGH COURT OF SOUTH AFRICA JUDGMENT
P a g e 1 Reportable Circulate to Judges Circulate to Magistrates: Circulate to Regional Magistrates: IN THE HIGH COURT OF SOUTH AFRICA (Northern Cape High Court, Kimberley) Case Nr: 826/2010 Date heard:
More informationRegistered at the Post Offıce as a Newspaper CONTENTS
PROVINCE OF WESTERN CAPE Provincial Gazette Extraordinary 6941 Wednesday, 21 December 2011 PROVINSIE WES-KAAP Buitengewone Provinsiale Koerant 6941 Woensdag, 21 Desember 2011 Registered at the Post Offıce
More informationIN THE LAND CLAIMS COURT OF SOUTH AFRICA
IN THE LAND CLAIMS COURT OF SOUTH AFRICA Held in Chambers on 23 June 2006 Before Ncube AJ CASE NUMBER: LCC71R-06 Decided on: 26 June 2006 In the matter between : UMOBA FARMS (PTY) LTD Applicant and GANTSHO
More informationTHE WAQF PROPERTIES (EVICTION OF UNAUTHORISED OCCUPANTS), BILL, 2014
1 AS INTRODUCED IN THE RAJYA SABHA Bill No. VIII of 14 36 of 19. 24 of 198. THE WAQF PROPERTIES (EVICTION OF UNAUTHORISED OCCUPANTS), BILL, 14 A BILL to provide for the eviction of unauthorised occupants
More informationNIGERIAN INSTITUTE OF SOCIAL AND ECONOMIC RESEARCH ACT
NIGERIAN INSTITUTE OF SOCIAL AND ECONOMIC RESEARCH ACT ARRANGEMENT OF SECTIONS 1. Establishment of the Nigerian Institute of Social and Economic Research. 2. Membership of the Council. 3. Functions of
More informationINFORMATION DOCUMENT ON HOW TO DEAL WITH UNLAWFUL OCCUPATION OF LAND
INFORMATION DOCUMENT ON HOW TO DEAL WITH UNLAWFUL OCCUPATION OF LAND 1. INTRODUCTION For purposes of this document, a clear distinction must be made between unlawful access to property and squatting in
More informationCivil Procedure II - Part II: Civil proceedings in the High Court Multi Choice Q & A 2014 S1 3 April 2014: Unique number:
1 Civil Procedure II - Part II: Civil proceedings in the High Court Multi Choice Q & A 2014 S1 3 April 2014: Unique number: 883833 QUESTION 1: M issues summons against N for damages as a result of breach
More informationNC General Statutes - Chapter 19 Article 1 1
Chapter 19. Offenses Against Public Morals. Article 1. Abatement of Nuisances. 19-1. What are nuisances under this Chapter. (a) The erection, establishment, continuance, maintenance, use, ownership or
More informationNigerian Prisons Service Commission (Establishment, etc.) NIGERIAN PRISONS SERVICE COMMISSION (ESTABLISHMENT, ETC.) BILL, 2006
[SHB. ] NIGERIAN PRISONS SERVICE COMMISSION (ESTABLISHMENT, ETC.) BILL, 00 C Arrangement of Sections Section: Part I Establishment, Composition, etc. of the Nigerian Prisons Service Commission. Establishment
More informationIN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
IN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG Not Reportable Case no: J 965/18 In the matter between: SOUTH AFRICAN MUNICIPAL WORKERS UNION ( SAMWU ) Applicant and MXOLISI QINA MILTON MYOLWA SIVIWE
More informationRules for the conduct of proceedings before the CCMA. Act. Published under. GN R1448 in GG of 10 October as amended by
Rules for the conduct of proceedings before the CCMA Act Published under GN R1448 in GG 25515 of 10 October 2003 as amended by GN R1512 in GG 25607 of 17 October 2003 GN R1748 of 2003 in GG 25797 of 5
More informationCONSTITUTION OF THE CAPE BAR
CONSTITUTION OF THE CAPE BAR [Approved and adopted at the Annual General Meeting held on 26 April 1993] as amended at The General Meeting held on 16 March 1994 [by the amendment of clause 20 and the insertion
More informationREPUBLIC OF SOUTH AFRICA. Judicial Matters Amendment Bill, 2016
REPUBLIC OF SOUTH AFRICA Judicial Matters Amendment Bill, 2016 (As introduced in the National Assembly (proposed section 75); explanatory summary of Bill published in Government Gazette No... of. 2016)
More informationLEGISLATIVE HOUSES (POWERS AND PRIVILEGES) ACT
LEGISLATIVE HOUSES (POWERS AND PRIVILEGES) ACT ARRANGEMENT OF SECTIONS 1. Short title. 2. Interpretation. Freedom of speech 3. Immunity from proceedings. Evidence before committees 4. Power of committee
More informationInter-State River Water Disputes Act, 1956
Inter-State River Water Disputes Act, 1956 This document is available at ielrc.org/content/e5601.pdf For further information, visit www.ielrc.org Note: This document is put online by the International
More informationRAeS Royal Charter (17 October 2012) Royal Aeronautical Society Royal Charter
Royal Aeronautical Society Royal Charter Effective from 17 October 2012 The Charter of Incorporation George the Sixth by the Grace of God, of Great Britain, Ireland and the British Dominions beyond the
More informationRULES AND REGULATIONS GOVERNING THE LICENSING OF MEAT SHOPS IN NASHIK
1 RULES AND REGULATIONS GOVERNING THE LICENSING OF MEAT SHOPS IN NASHIK State: Maharashtra Details of licensing are as follows: Meat Shops are regulated as per the directions of Bombay Provincial Municipal
More informationIncrease in 2013 TABLE A COSTS PART I
RULES BOARD FOR COURTS OF LAW ACT, 1985 (ACT NO. 107 OF 1985) AMENDMENT OF RULES REGULATING THE CONDUCT OF THE PROCEEDINGS OF THE MAGISTRATES' COURTS OF SOUTH AFRICA Nov-13 16-Jul-10 15-Jun-09 Increase
More informationCHARTERED INSTITUTE OF STOCKBROKERS ACT
CHARTERED INSTITUTE OF STOCKBROKERS ACT ARRANGEMENT OF SECTIONS 1. Establishment of the Chartered Institute of Stockbrokers. 2. Election of President and Vice-Presidents of the Institute. 3. Governing
More informationBELIZE AUCTIONEERS ACT CHAPTER 274 REVISED EDITION 2000 SHOWING THE LAW AS AT 31ST DECEMBER, 2000
BELIZE AUCTIONEERS ACT CHAPTER 274 REVISED EDITION 2000 SHOWING THE LAW AS AT 31ST DECEMBER, 2000 This is a revised edition of the law, prepared by the Law Revision Commissioner under the authority of
More informationThe registered office of the Company is at De Waterkant Building, 10 Helderberg Street, Stellenbosch.
The Company was, at the instance of ABSA Bank Limited ( ABSA ), provisionally wound up by order of the Western Cape High Court, Cape Town, on 10 June 2010 which order was made final on 27 July 2010. The
More information