Case summary written byDean Scher and checked byLoyiso Bavuma 19 March 2021 BACKGROUND This was an application wherein the plaintiff (“the Applicant”) sought summary judgment against the defendant (“the Respondent”) founded upon a breach of a written instalment sale agreement (“the agreement”) concluded between the parties in respect of a motor vehicle. In the action,

CLE written by Elani Vogel and checked by Loyiso Bavuma 19 February 2021 Introduction This CLE comprises two cases, both focusing on trademark infringement in terms of s34(1)(a) and (c) of the Trade Marks Act 194 of 1993 (“the Act”). The applicant in both cases is Golden Fried Chicken (Pty) Ltd, trading as the well-known

Written by Loyiso Bavuma and checked by Charlotte Clarke BACKGROUND: The parties, in this case, are Camp Discovery (Pty) Ltd (the “Applicant”) and Infusion Construction & Concrete Treatment (Pty) Ltd(the “Respondent). The Applicant wishes to rescind a court order and have it replaced with an order allowing the Applicant to continue with its claim and

Written by Loyiso Bavuma and checked by Simone Jansen van Rensburg BACKGROUND This matter relates to an application for the rescission of a default judgment, a request for an order for costs in respect of proceedings which did not occur on 4 May 2020 and a request for condonation by the applicants for the late

Written by Loyiso Bavuma and checked by Jordan Dias Background This matter concerns an immovable property, in terms of which there was a sale and purchase agreement and an addendum thereto (hereinafter collectively the “Agreement”), concluded between the purchaser, Steenkamp (the “Applicant”) and joint sellers, Van Staden and Van Staden (hereinafter collectively the “Respondents”). After

Written by Loyiso Bavuma and checked by Divina Naidoo Background This  case dealt with an opposed application by the Howard Gewu (“the applicant”) to compel Moses Mbanzeni (“the first respondent”) and Wax Engineering and Consultants (Pty) Ltd (“the second respondent”) to transfer into his name forty percent of the shares in the second respondent. The

Written by Loyiso Bavuma and checked by Divina Naidoo Background: This present case was in relation to an application for summary judgment. On 17 November 2017, Business Partners Limited (“the applicant”) and JJH Supply and Projects (Pty) Ltd (“the principal debtor”) entered into a written agreement of loan (“the loan agreement”) in terms of which