Griessel NO and Others v De Kock and Another (334/18) [2019] ZASCA 95 (6 June 2019)
Tuesday, 03 September 2019
BACKGROUND AND SUMMARY In 1999, two sisters created an inter vivos trust known as the Arathusa Family Trust (the “Trust”). The Trust is the sole shareholder of a company called Manyeleti (Pty) Ltd (the company), which owns a farm that is part of a game reserve. The three trustees appointed in terms of the trust
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Eskom Holdings Limited v Halstead-Cleak ZASCA 150 (30 September 2016)
Tuesday, 11 September 2018
SUMMARY The Respondent, Mr Halstead-Cleak, came into contact with a low hanging power line whilst cycling. He suffered electrical burns as a result. At the time of the incident, the power line was not supplying or required to supply electricity to anyone. However, after sustaining severe electrical burns, the Respondent issued a summons against Eskom
- Published in News, 2018, Consumer Protection
JOUBERT V S (642/2016) [2017] ZASCA 3; 2017 (1) SACR 497 (SCA) (3 MARCH 2017))
Monday, 20 August 2018
BACKGROUND The Appellant, an accountant by profession, was convicted in the Nelspruit Regional Court on 20 counts of fraud relating to false VAT claims made to the South African Revenue Service and was subsequently sentenced to seven years’ imprisonment, wholly suspended on certain conditions for a period of five years. The Appellant petitioned the Gauteng
- Published in News, 2018, Criminal Law, Criminal Procedure
PepsiCo v Atlantic Industries (983/16) [2017] ZASCA 109 (15 September 2017)
Monday, 20 August 2018
SUMMARY The appellant is PepsiCo Inc (Pepsi), the registered proprietor of trademark PEPSI. The respondent is Atlantic Industries (Atlantic), a subsidiary of The Coca-Cola Company and the registered proprietor of trademarks TWIST, LEMON TWIST and DIET TWIST. Both parties’ trademarks are registered in class 32 which includes ‘mineral and aerated waters and other non-alcoholic drinks’.
- Published in News, 2018, Intellectual Property, Trademarks
Mantis Investment Holdings (Pty) Ltd v Eastern Cape Development Corporation and Others
Wednesday, 27 June 2018
BACKGROUND Mantis Investment Holdings Pty (Ltd) (the “Appellant”) was the sole shareholder of Bushman Sands Development (Pty) Ltd (“Bushman Sands”). Bushman Sands borrowed the sum of R19 357 645.00 (Nineteen Million, Three Hundred and Fifty-Seven Thousand, Six Hundred and Forty-Five Rand) from the Eastern Cape Development Corporation (the “First Respondent”). Before the First Respondent could
- Published in News, 2018, Insolvency
John Walker Pools v Consolidated Aone Trade & Invest 6 (Pty) Ltd (in liquidation) and Another [2018] ZASCA 12 (8 March 2018)
Tuesday, 22 May 2018
BACKGROUND In this matter, an eviction order of the KwaZulu-Natal Division, Pietermaritzburg (the “Court a Quo”) was granted against John Walker Pools (Pty) Ltd (“JWP”). In terms of the eviction order JWP were to be ejected from occupying the shop premises. The Court a Quo dismissed JWP’s application for leave to appeal. Subsequently, the application
