Court Roll: South Gauteng High Court (Johannesburg)
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South Gauteng High Court Roll (23 January 2023)
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RTF formatIN THE HIGH COURT OF SOUTH AFRICA GAUTENG LOCAL DIVISION, JOHANNESBURG
MONDAY 23rd JANUARY 2023
LITIGANTS’ ATTENTION IS DRAWN TO THE DIRECTIVE DATED 13 JANUARY 2023 ISSUED BY THE HONOURABLE DEPUTY JUDGE PRESIDENT “DIRECTIVE AS TO MODE OF HEARINGS IN THE JOHANNESBURG HIGH COURT WITH IMMEDIATE EFFECT”
THE DEFAULT MODE OF HEARING IS THROUGH VIDEO-LINK UNTIL FURTHER NOTICE
EVEN THOUGH THE DEFAULT MODE OF HEARINGS IS VIRTUALLY, JUDGES MAY ELECT TO PROCEED PHYSICALLY
LITIGANTS ARE TO CONFIRM THE MANNER IN WHICH THE HEARING WILL BE CONDUCTED WITH THE SECRETARY OF THE PRESIDING JUDGE
IN VIRTUAL HEARINGS, THE LINK WILL BE CREATED BY THE SECRETARY OF THE PRESIDING JUDGE AND CIRCULATED TO THE LITIGANTS
OPPOSED MOTION
9A BEFORE THE HONOURABLE JUDGE KEIGHTLEY J
9C BEFORE THE HONOURABLE JUDGE DIPPENAAR J
9D BEFORE THE HONOURABLE JUDGE WILSON J
8F BEFORE THE HONOURABLE JUDGE MOORCROFT AJ
9B BEFORE THE HONOURABLE JUDGE MALUNGANA AJ
UNOPPOSED MOTION
Video-link BEFORE THE HONOURABLE JUGDE VALLY J
Video-link BEFORE THE HONOURABLE JUDGE MDALANA-MAYISELA J Video-link BEFORE THE HONOURABLE JUDGE MOULTRIE AJ URGENT APPLICATIONS
Video-link BEFORE THE HONOURABLE JUDGE CRUTCHFIELD J 9F BEFORE THE HONOURABLE JUDGE J STRIJDOM AJ SPECIAL MOTION
6F BEFORE THE HONOURABLE JUDGE WINDELL J
(2020/32777)
INCOME TAX COURT
BEFORE THE HONOURABLE JUDGE SENYATSI J
(2022/40)
FAMILY COURT
11B BEFORE THE HONOURABLE JUDGE MAKUME J
11C BEFORE THE HONOURABLE JUDGE MITCHELL AJ
SPECIAL INTERLOCUTORY COURT
GB BEFORE THE HONOURABLE JUDGE MIA J
SETTLEMENT COURT
Video-link BEFORE THE HONOURABLE JUDGE MUDAU J
FULL BENCH APPEALS – CRIMINAL
4F BEFORE THE HONOURABLE JUGDE ISMAIL J
AND BEFORE THE HONOURABLE JUDGE BHOOLA AJ
(A69/2022; A54/2022; A61/2022)
FULL COURT APPEALS – CRIMINAL
4A BEFORE THE HONOURABLE JUDGE MABESELE J AND BEFORE THE HONOURABLE JUDGE YACOOB J
AND BEFORE THE HONOURABLE JUDGE JOHNSON AJ
A16/2022
CIVIL TRIALS (TRIALS OF LONG DURATION)
8C BEFORE THE HONOURABLE JUDGE MAHALELO J
2019/43279
8A BEFORE THE HONOURABLE JUDGE DLAMINI J
2015/32422
8B BEFORE THE HONOURABLE JUDGE FORD AJ
2017/9252
8D BEFORE THE HONOURABLE JUDGE OOSTHUIZEN-SENEKAL AJ
2014/32504
GENERAL CIVIL TRIALS
BEFORE THE HONOURABLE JUDGE WEPENER J 6A BEFORE THE HONOURABLE JUDGE OPPERMAN J
11F BEFORE THE HONOURABLE JUDGE R STRYDOM J
6B BEFORE THE HONOURABLE JUDGE MAIER FRAWLEY J
6C BEFORE THE HONOURABLE JUDGE JORDAAN AJ
8E BEFORE THE HONOURABLE JUDGE JOSEPH AJ
11D BEFORE THE HONOURABLE JUDGE Z KHAN AJ
11E BEFORE THE HONOURABLE JUDGE MKHABELA AJ
THE CIVIL TRIAL ROLL BEFORE SUTHERLAND DJP. IN TERMS OF PARAGRAPH 37 OF THE JUDGE PRESIDENT’S CONSOLIDATED DIRECTIVE OF 11 JUNE 2021. THERE SHALL BE NO PHYSICAL TRIAL ROLL CALL. PARTIES MUST COMPLY STRICTLY WITH THE PROVISIONS OF PARAGRAPH 37 TO 40 OF THE DIRECTIVE. PARTIES SHALL BE NOTIFIED OF ALLOCATIONS BY EMAIL.
WHENEVER JUDGES ARE ALLOCATED MORE THAN ONE CASE THE JUDGE SHALL DIRECT IN WHICH ORDER THE MATTERS ARE TO BE HEARD.
IN A MATTER WHERE A SETTLEMENT IS IMMINENT IT MUST BE REMOVED FROM THIS ROLL AND ENROLLED ON THE SETTLEMENTS COURT ROLL. THERE SHOULD BE NO EXPECTATION THAT THE MATTER WILL BE ENTERTAINED ON THIS ROLL OR THAT TRIAL COSTS SHALL BE AWARDED FOR AN APPEARANCE.
LITIGANTS ARE REMINDED OF THE DIRECTIVE DATED 13 JANUARY 2023 WHICH SETS OUT THE ARRANGEMENTS REGARDING THE MODE OF HEARING. PLEASE LIAISE WITH THE JUDGE’S SECRETARY TO WHOM THE MATTER IS ALLOCATED
THE DEFAULT MODE OF HEARING OF CIVIL TRIALS IS THROUGH VIDEO-LINK UNTIL FURTHER NOTICE.
CLOSING DATE TO SUBMIT PRACTICE NOTES: MONDAY, 16 JANUARY 2023
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NUMBER ON ROLL |
CASE NO |
PARTIES |
ALLOCATION/ORDER GRANTED |
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PART A: GENERAL CIVIL TRIALS |
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1 |
2018/4815 |
NADINE LOUISE THERON VS RASHID PATEL AND OTHERS The parties are in the process of compiling a draft order to remove/postpone the action with the defendant tendering the wasted costs. |
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2 |
2016/23702 |
CHESLIN ASHLEY VAN VUUREN VS MINISTER OF POLICE Plaintiff: Adv Z Buthelezi Defendant: Ms Sibanyoni/Ms A Hongo Arrest and detention Merits and quantum Estimated duration: 2 – 3 days |
JORDAAN AJ Secretary: Mr S Moloi E-mail: |
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3 |
2018/18301 |
NEIL ERNEST DELPAUL VS HOLLARD LIFE ASSURANCE COMPANY LTD Plaintiff: Adv W F Wannenburg Defendant: Adv L Mtukushe Claim for payment of a claim in terms of a contract of insurance after an insured event occurred. Defendant repudiated the plaintiff’s claim. Estimated duration: 1 day |
OPPERMAN J Secretary: Ms Z Twaku E-mail: |
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4 |
2020/8639 |
TIRHANI LYNNETH BALOYI VS PRASA Plaintiff: Adv B Brammer Defendant: Adv J Magodi Merits Estimated duration: 3 days Certification conference: 19 April 2022 Pre-trial conference: 07 July 2021; 01 December 2022 Minutes registered: 30 September 2021; 05 December 2022 |
JORDAAN AJ Secretary: Mr S Moloi E-mail: |
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5 |
2021/41208 |
ASSETLINE SOUTH AFRICA (TPY) LIMITED VS JACOLIEN FRIEDA BARNARD Plaintiff: Adv J M Hoffman Defendant: Adv L J Choate Claim against the defendant, in her capacity as the erstwhile business rescue practitioner of Stand 755 Portion 7 Kyalami Estate (Pty) Ltd (the company). Plaintiff advanced post- commencement financing to the defendant. At all relevant times, the principal asset of the Company was a property known as stand 755 Portion 7, Kyalami Estate (Pty) Ltd (the property). The principal issues for determination are as follows: Whether the agreement concluded between the plaintiff and the Company is regulated by the National Credit Act 34 of 2005; and breached the provisions of the NCA; Whether it was an implied term of the Agreement that the plaintiff would not be permitted to debit an interest charge before the end of the day to which the interest charge applies; Whether the plaintiff erroneously or unlawfully deducted interest up front from the Loan Amount contrary to s 103(2) and (3) of the NCA; Whether the defendant carried on the Company’s business recklessly and/or grossly negligently and/or with the intent to defraud creditors and/or for a fraudulent purpose; whether the defendant is liable to the plaintiff in terms of s 424 of the Companies Act 61 of 1973; Whether the payment to Van Quickelberger Attorneys was as a result of a bona fide calculation error by the defendant; Whether the payment to Van Quickelberger Attorneys was ‘erroneously and therefore recklessly and negligently alternatively fraudulently further alternatively gross negligently’ as set out in the particulars of claim; |
WEPENER J Secretary: Mr M Moolman E-mail: |
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Whether the defendant acted grossly negligently as set out in the particulars of claim; Whether the defendant is liable to the plaintiff in terms of s 22(1), 77(3)(b) and/or (c), 140(3)(ii), 140(c) and 218 (2) of the Companies Act 71 of 2008; Whether the defendant ought to be partially or fully excused from liability to the plaintiff, because: The claim against the defendant is not properly one for wilful misconduct or wilful breach of trust; she acted honestly and reasonably and ought to be excused from any liability in terms of s 77(9) of the Companies Act; or she acted in good faith or without gross negligence and therefore should be relieved of any liability in terms of s 140(3)(c)(i) of the Companies Act; Whether the plaintiff failed to mitigate its damages Estimated duration: 3 days The parties are amenable to the trial being heard virtually alternatively an off-site facility at Group One Chambers, Sandton |
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6 |
2020/18205 |
PHILLIP WILLIAM CHIAPPERO VS ELBE CHIAPPERO |
No practice note was uploaded to the electronic file – Matter is struck off from the trial roll |
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7 |
2016/02680 |
ANGELINA ZITHA VS MEC FOR HEALTH Plaintiff: Adv N Gama and Adv M Mavhungu Defendant: adv Z Ndlokovane Medical negligence Merits Estimated duration: 4 – 5 days |
Z KHAN AJ Secretary: Mr T Senoko E-mail: |
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8 |
2021/5136 |
SHIKA LONDIWE VS SHIKA LESIBANA HERBERT Plaintiff: Adv A Saldulker Defendant: In person Pre-trial conference: 26 October 2021 Minutes registered: 11 May 2022 Divorce (breakdown of marriage relationship; residency of minor child; the accrual; costs of suit) Estimated duration: 1 hour |
MAIER-FRAWLEY J Secretary: Mr T Kabai E-mail: |
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9 |
2021/2107 |
EMMANUEL MAKALELA MASHILE VS DANIEL J EXCLUSIVE FASHION Plaintiff: Adv C de Klerk Defendant: Adv K Iles Estimated duration: 3 days Merits Delictual claim arising out of vicarious liability. The plaintiff alleges that he was assaulted by employees of the defendant Interpreter to be used |
JOSEPH AJ Secretary: Ms K Mofikwe E-mail: |
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10 |
2019/26594 |
ABRAHAM JOHANNES HANEKOM VS ANNA ALETTA ADELSON N.O AND MASTER OF THE HIGH COURT Plaintiff: Adv W F Wannenburg Defendant: Adv I Strydom Return of a motor vehicle that was in possession of a deceased and payment of arrear rent, imposts and costs owed by the deceased Estimated duration: 2 – 3 days |
MKHABELA AJ Secretary: Ms N Dludla/Ms T Ndau |
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11 |
2020/3451 |
PRIMIKIRIOS TANIA v PRIMIKIRIOS DIMITRIOS Plaintiff: Adv I Ossin and Adv K Howard Defendant: Adv D Hodge Plaintiff contends matter is not ripe for hearing and seeks a postponement Defendant contends that matter is trial ready Plaintiff will launch a substantive postponement application Proprietary aspects of a matrimonial action to be separated for trial in terms of Rule 33(4) Which assets of the plaintiff, if any, should be included in the calculation of the accrual in the plaintiff’s estate by virtue of such assets constituting a gift, alternatively an inheritance that accrued to the plaintiff during the marriage between the parties. The defendant will prepare a brief procedural application to be moved at the commencement of the hearing of the matter, seeking an order in terms of the parties’ agreement in relation to this separation. Estimated duration to argue postponement: 2 hours Estimated duration (If the issues are separated): 3 – 4 days Pre-trial conference: 28 June 2021; 17 February 2022; 29 March 2022, 13 January 2023 Minutes registered: 21 April 2022 |
FORD AJ Secretary: Ms N Pholo E-mail: |
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12 |
2017/22813 |
RANALD SCOTT McRAE v CENTURY REALTY (PTY) LTD |
No practice note was uploaded to the electronic file – Matter is struck off from the trial roll |
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PART B: ROAD ACCIDENT FUND |
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MATTERS REMOVED FROM THE ROLL BY NOTICE |
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MATTERS NOT ON THE ROLL, COURT FILES ARE NOT WITH ROLL CALLING JUDGE 1. The civil trial roll is submitted to the Office of the Deputy Judge President by the Registrar approximately 9 court days before the trial date and was correct when it reached the Secretary of the Deputy Judge President. 2. The roll received from the registrar’s office is then posted on the website of the Johannesburg Society of Advocates, where litigants may inspect the roll. 3. The failure of the registrar to include matters on the roll must be taken up with the Registrar. For that purpose, kindly approach the registrar, Ms T. Khumalo (TKhumalo@judiciary.org.za / 010 494 8397) timeously to enquire about the enrolment. 4. If the registrar approves the enrolment, the matter may be enrolled and dealt with. If the registrar declines the enrolment, the parties may apply for a new trial date in terms of the existing Practice Directives. 5. Last-minute enquiries will not be accommodated. |
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UNOPPOSED MOTION ROLL FOR 23 JANUARY 2023.
BEFORE THE HONOURABLE JUDGE: MDALANA-MAYISELA
JUDGE’S SECRETARY: BCebekhulu@judiciary.org.za
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1. |
NEDBANK LIMITED V. SANTOS MOIANE |
# 2022-001345 |
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2. |
WESBANK, A DIVISION OF FIRSTRAND BANK LIMITED V. CHEFS CHOICE WHOLESALE MEATS (PTY) LTD |
# 2022-001673 |
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3. |
WESBANK A, DIVISION OF FIRSTRAND BANK LIMITED V. OKU MHLOPHE BUSINESS ENTERPRISE CC |
# 2022-003995 |
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4. |
URBAN REAL ESTATE (PTY) LTD V. PATIENCE GORDON MNTAMBO
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# 2022-022020 |
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5. |
TRANSFLOW (RF) (PTY) LIMITED V. MODULA FRANS MOKGALO
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# 2022-011999 |
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6. |
TOYOTA FINANCIAL SERVICES (SOTH AFRICA ) LTD V. PITSIMORAL CONSTRUCTION SERVICES CC |
# 2022-005692 |
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7. |
TITO VENTOURIS N O IN HIS CAPACITY AS TRUSTEE FOR THE TIME BEING OF THE GINIK FAMILY TRUST V. ABSA BANK LIMITED |
# 2022-005431 |
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8. |
TIMOTHY PETER FENTON V. TOZAMA NKULULEKO MAKANDA |
# 2022-024232 |
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9. |
THEMBI S'MANGELE NHLAPO V. THE MEC FOR HEALTH AND SOCIAL DEVELOPMENT, GAUTENG PROVINCIAL GOVERNMENT |
# 2022-015192 |
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10. |
SYDWELL MOSUNGWA V. THOKO CYNTHIA NZIMANDE
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# 2022-032894 |
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11. |
SYDWELL MOSUNGWA V. THOKO CYNTHIA NZIMANDE
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# 2022-032894 |
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12. |
SYDWELL MOSUNGWA V. THLOKOMELO MANAGEMENT (PTY)LTD
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# 2022-038380 |
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13. |
YOUNG NURSES INDABA TRADE UNION V. FIRST RAND BANK LIMITED
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# 2022-023832 |
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14. |
STANDARD BANK OF SOUTH AFRICA GROUP LIMITED v. MALCOLM NEIL NISELOW
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# 2022-014461 |
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15. |
STANDARD BANK OF SOUTH AFRICA v. MOKOKOTLA ISRAEL RAHOLANE |
# 2022-027150 |
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16. |
SEBASTIAN PETER BROKMANN v. DIRECTOR-GENERAL: HOME AFFAIRS
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# 2022-045930 |
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17. |
SB GUARANTEE COMPANY (RF) PROPRIETARY LIMITED V. TUMELO SEBOYA
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# 2022-037596 |
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18. |
SB GUARANTEE COMPANY (RF) PROPRIETARY LIMITED V. THAMSANQA NKWANYANA
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# 2022-033125 |
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19. |
SASFIN BANK LIMITED V. NTSAKO RISK SOLUTIONS (PTY) LTD
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# 2022-004430 |
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20. |
SA TAXI IMPACT FUND (RF) (PTY) LIMITED V. MASANGO MANDLA GREATFUL
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# 2022-006166 |
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21. |
QUICKBUS 151 CC V. DONGMO ELECTRONICS CC |
# 2022-016940 |
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22. |
PAUL ROBERT VICTOR STRATHERN V. MAGOLENG DEXTER SELEPE
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# 2022-005917 |
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23. |
SB GUARANTEE COMPANY (PTY) LTD V. LLOYD NHLANHLA SIWEYA
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# 2022-023088 |
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24. |
OLITZKI PROPERTY HOLDINGS (PTY) LIMITED AND OTHERS V. MOLOGADI GERALDINE KGANAKGA AND OTHERS |
# 2022-025308 |
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25. |
NORAH NOMAHLUBI MOHALE V. THEMBA MAKUZENI
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# 2022-046292 |
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26. |
NOMATHEMBA ROSEMARY KUNENE
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# 2022-045752 |
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27. |
NEDBANK LTD V. CHELLAN VAUGHAN PAVERN
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# 2022-043889 |
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28. |
NEDBANK LIMITED V. THOMAS MASASSE MAKHUBELA
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# 2022-005472 |
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29. |
NEDBANK LIMITED V. SIBUSISO NTUTHUKO NXUMALO
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# 2022-022311 |
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30. |
THE BODY CORPORATE OF PHILBERTA COURT VS. HUMBULANI ROBERT LIPHOSA
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55797/2021 |
PS |
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31. |
MGIBA CONSULTING (PTY) LIMITED VS DHL INTERNATIONAL (PTY) LIMITED
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2020/14630 |
O |
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32. |
RAND WATER BOARD V MKHARI OUPA
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2021/46120 |
EU |
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33. |
SHERIFF JOHANNESBURG SOUTH VS MVANGA; INNOCENT MAKINDA (CANCELLATION OF A SALE IN EXECUTION)
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2016/30241 |
O |
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34. |
STANDS 21 & 22 CHISLEHURSTEON PROPERTY VS GROWTHPOINT PROPERTIES // CITY POWER
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2021 / 56635 |
O |
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35. |
CONSTRUCTION EDUCATION AND TRAINING AUTHORITY vs CAPRICORN GROUP (PTY) LTD
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2022/26765 |
O |
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36. |
OFOMI ELOHO MARILYN
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2022/16115 |
H |
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37. |
RELIABLE PARAFFIN DISTRIBUTORS (PTY) LTD vs SJD LIQUID GOLD CARRIERS (PTY) LTD
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2022/17240 |
D |
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38. |
TOYOTA FINANCIAL SERVICES (SOUTH AFRICA) LTD. vs MTSHALI, JOHANNES
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2020/40983 |
D |
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39. |
DUBE YVONNE obo NCUBE SITHANDAZILE and NCUBE BRILLIANT vs THE ROAD ACCIDENT FUND
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2018/36666 |
GF |
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40. |
GLENNISTOR, G VS MAYEKISO, G
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2021/58136 |
O |
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41. |
LATSHANA TOMBIYAKHE EVELYNNE vs THE ROAD ACCIDENT FUND
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2018/18587 |
GF |
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42. |
NEDBANK LIMITED V NKANYISO BHENGU
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2021/17277 |
D |
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43. |
MAFOKO SECURITY PATROLS (PTY) LTD VS MOKGAPYE M L & 3 OTHERS
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2018/46002 |
O |
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44. |
ABSA BANK LIMITED vs AKEES IMPORT AND EXPORT (PTY) LTD & OTHER
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2019/21032 |
GB |
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45. |
NEDBANK LIMITED V PULANE PATIENCE MOHANOE
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56144/2021 |
D |
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46. |
KEMACH EQUIPMENT PTY LTD VS ELSOLOGIX PTY LTD
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201/43790 |
O |
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47.
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SHOPRITE CHECKERS (PTY) LTD vs CRYSTAL MALL SUPERMARKET (PTY) LTD AND THREE OTHERS
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2021/37248 |
O |
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48. |
NEDBANK LIMITED vs DAINE MARCELLE KLATE +1
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2020/2282 |
AM |
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49. |
MANANA REBECCA MAHASE vs DOCTOR JAKOBUS RAUBENHEIMER MARAIS
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2022/20132 |
O |
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50. |
LUANDO AUSTIN DUIKER vs THE MINISTER OF POLICE & 4 OTHERS
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2021/48545 |
T |
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51. |
NOKUTHULA JOYCE MAZIBUKO VS THOBILE MAZIBUKO & 5 OTHERS
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2022/3762 |
O |
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52. |
NEDBANK V BOIKANYO, ITUMELENG FRANS
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16010/2021 |
I |
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53. |
TAXATION:CN SOLUTIONS INDUSTRIES CC & OTHER VS KAMBOURIS LEONIE
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2020/31969 |
O |
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54. |
SG COAL (PTY) LTD VS BERYL COAL (PTY) LTD, KURT ROBERT N KNOOP NO, THE MASTER OF THE HIGH COURT, JOHANNNESBURG |
2022/04604 |
FL |