Supreme Court of Appeal Archives - Ashersons Attorneys

31 Aug 2016

A Home Owner Can Be Evicted As An Unlawful Occupier

Did you know that even as the owner of a house, you could still be evicted from it as an “unlawful occupier”? That could happen if, to take one example from a recent Supreme Court of Appeal matter (A Hendricks v M Hendricks & Others (20519/14) [2015] ZASCA 165), you give someone else a right of habitation (“habitatio”). But why, you may ask, would you do that? Useful tools for property owners Our law provides you with a range of useful tools to make the most of your property, including several different types of occupational and usage rights. For instance you…

29 Jun 2016

By Ashersons Attorneys

Neighbours behaving badly: Nip illegal building in the bud!

Bad neighbours don’t just impinge on your enjoyment of your property; they can also cause serious harm to its value. So if you notice illegal building activity next door, move quickly to nip the problem in the bud. Your hand in this regard has just been strengthened. An important new decision by the Supreme Court of Appeal (SCA) in BBS International Link CC v Readam South Africa (Pty) Ltd (279/2015) [2016] ZASCA 58 confirms that you aren’t limited to trying to compel the municipality to enforce its own building and zoning laws – you can apply for demolition directly. Demolition ordered…

08 Apr 2016

By Jaryd Kay

Potential problems when a contract does not specifically deal with its termination

Even the most experienced businessmen have moments of short-sightedness when conducting business deals which may leave them in hot water. All too often, poor contract craftsmanship or legal oversight is the primary reason for their dismay. For example, what happens when you enter into a contract without express terms governing its termination? This is where the parties found themselves in the case of Plaaskem v Nippon Chemicals (574/13) [2014] ZASCA 73 (29 May 2014) heard in the Supreme Court of Appeal. The facts of the case On 25 February 2005, a contract between Nippon Africa Chemicals (Proprietary) Limited ("Nippon") and Plaaskem…

23 Nov 2015

By Ashersons Attorneys

Domestic Violence: Report it!

“To afford the victims of domestic violence the maximum protection from domestic abuse that the law can provide” (Preamble to the Domestic Violence Act) A recent Supreme Court of Appeal (SCA) decision underlines the very strong duty on SAPS members to assist victims of domestic violence. The Domestic Violence Act (“domestic violence” isn’t limited to cases of physical harm – it includes a very wide range of abusive conduct) provides legal protection to victims, especially to those most vulnerable such as women, children, disabled people and the elderly. If you are a victim (or helping a victim) the Police…

16 Nov 2015

By Selwyn Zackon

High Court Appeals – when the wrong tree barks back

A case analysis on where, when, how and to whom an appeal should be brought Introduction For many High Court litigants, a court order granting the relief requested will be a final nail in the proverbial coffin. Following months - if not years - of legal fees, very few unsuccessful parties to a suit will be possessed of the will (or finances) to fight on. However for those few who have such resources at their disposal, or perhaps are strengthened by a particularly just cause, there remains an avenue of last resort: the appeals process. The exact procedure for an…

29 Jul 2015

By Ashersons Attorneys

Boundary Wars: What To Do With An Encroaching Neighbour

“Good fences make good neighbours” (wise old proverb) You find out that the fence/wall/house your neighbour is building, or has built, is actually on your land – what can you do about it? No problem of course if you are happy to sell the land in question to your neighbour at an agreed price, or if your neighbour voluntarily removes the encroachment. But if instead you come to blows and end up in court, what will the outcome be? Regrettably, as a recent Supreme Court of Appeal (SCA) case shows, there is no easy answer to that question, hence the…

29 Jun 2015

By Ashersons Attorneys

Business Rescue – Is it too late after liquidation? The Supreme Court of Appeal speaks

An important new SCA (Supreme Court of Appeal) decision recently addressed the following scenario - A close corporation runs a business renting out its commercial properties. The properties are bonded to a bank. The close corporation was placed into final liquidation by the High Court despite contending that it should rather be placed under business rescue. 5 months later it applied again for business rescue, but the High Court concluded that once a final liquidation is granted against a company (the same business rescue provisions apply to close corporations as to companies), it is too late to apply for business…