Court : South Africa Supreme Court of Appeal
Decided on : May-30-2014
On appeal from: North GautengHigh Court, Pretoria (Vorster AJ sitting as court of first instance): 1. The late filing of the appellants supplementary record and heads of argument is condoned. 2. The appeal is reinstated. 3. The respondents are directed to pay the costs of opposition in the reinstatement application. 4. The appeal is upheld with costs including the costs of two counsel. 5. The order of the high court is set aside and replaced with the following: (i) The defendant is directed to pay the first plaintiff the amount of R30000 being damages for unlawful arrest and detention, which amount shall bear interest at the rate of 15,5 per cent per annum from 8 February 2013 until the date of payment and in relation thereto, the defendant is directed to pay the first plaintiffs costs. (ii) The second plaintiffs claim for special damages is dismissed and in relation thereto the second plaintiff is to pay the defendants costs. JUDGMENT Theron JA (Navsa, Shongwe and Willis JJA and Legod...
Tag this Judgment!Court : South Africa Supreme Court of Appeal
Decided on : May-23-2014
On appeal from: The North Gauteng High Court, Pretoria (Makgoka J sitting as court of first instance). The following order is made: 1. The appeal is upheld with costs including the costs of two counsel. 2. The order of the court a quo is set aside and substituted with the following: The appeal in terms of s 47(9)(e) of the Customs and Excise Act 91 of 1964 is dismissed with costs, such to include the costs consequent upon the employment of two counsel. JUDGMENT Navsa JA (Mhlantla and Leach JJA and Van Zyl and Mocumie AJJAconcurring): [1] This is an appeal directed at a decision of the North Gauteng High Court (Makgoka J), which upheld an appeal by Terraplas (Pty) Ltd (Terraplas) against a tariff determination made by the appellant, the Commissioner for the South African Revenue Service (the Commissioner), in terms of the provisions of s 47(9)(a)(i)(aa)[1]of the Customs and Excise Act 91 of 1964 (the Act). The tariff determination in question was that certain plastic tiles imported by T...
Tag this Judgment!Court : South Africa Supreme Court of Appeal
Decided on : Mar-14-2014
On appeal from: Western Cape High Court (Louw J sitting as court of first instance): The appeal is upheld with costs and the order of the court below is altered to one dismissing the special plea of prescription with costs. JUDGMENT Wallis JA(Navsa, Shongwe and Theron JJA and Legodi AJA concurring) [1] Mr Malcolm was born on 2[] J[] 1[]. In 1993, when he was six years old, he was diagnosed with Stage 1 Hodgkin's Lymphoma. He was admitted to the Red Cross Children's Hospital in Cape Town for treatment. He alleges that whilst he was in hospital undergoing treatment there was an outbreak of Hepatitis B at the hospital and in October 1994 he was diagnosed with that disease. He ascribes his infection with Hepatitis B to negligence on the part of the hospital and its staff and seeks by this action to recover damages. His claim was met with a special plea of prescription, which Louw J upheld. The appeal is with his leave. [2] In terms of s11(d) of the Prescription Act 68 of 1969 (the Act) the...
Tag this Judgment!Court : South Africa Supreme Court of Appeal
Decided on : Mar-25-2014
On appeal from: Western Cape High Court, Cape Town (Louw, Ndita JJ and Dolamo AJ sitting as court of appeal): 1. The appeal is dismissed with costs, such costs to include those consequent upon the employment of two counsel. 2. The cross-appeal succeeds with costs, such costs to include those consequent upon the employment of two counsel. 3. Paragraph 2 of the order of the court below is amended to read as follows: The orders made by the court a quo are set aside and the following substituted orders are made: 1. The Eighth and Ninth Respondents are ordered to pay, jointly and severally, the following amounts: (a) The sum of R12 million. (b) Interest on the sum of R12 million up until 10 February 2010 in the amount of R12 million. (c) Further interest on the capital sum of R12 million at a rate of 3% per month from 10 February 2010 to 24 February 2012. (d) Interest on the total of the amounts set out in paras (a), (b) and (c) above at a rate of 3% per month from 25 February 2012 to date ...
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