Invalidating an auto loan

The State v Mudau (631/2013) [2014] ZASCA 190 (27 November 2014) Section 53A of the Criminal Law Amendment Act 105 of 1997 – decision that the regional court had no jurisdiction to impose sentences of life imprisonment wrong – Supreme Court of Appeal has no inherent jurisdiction to hear appeals directly from the Regional Court – appeal referred back to the high court to deal with the merits of the appeal against convictions and sentences.

Media Summary Zono v The State (20182/2014) [2014] ZASCA 188 (27 November 2014) Sentence – imprisonment – term of – non-parole period – order fixing a non-parole period in respect of offences committed before the promulgation of s 276B of the Criminal Procedure Act 51 of 1977 is improper.

Media Summary Jili v Firstrand Bank Ltd (763/13) [2014] ZASCA 183 (26 November 2014) National Credit Act 34 of 2005 – interpretation of s 88(3) thereof – an original credit agreement is enforceable against a defaulting credit consumer without further notice if the relevant debt re-arrangement order is breached – summary judgment – court to exercise its discretion to refuse it only where there exists a reasonable possibility that an injustice may be caused – no basis to interfere with order of the high court granting summary judgment against the appellant defaulting on her rescheduled repayments on an instalment sale agreement – appeal dismissed.

Bayer Pharma AG v Pharma Dynamics (Pty) Ltd (1066/2013) [2014] ZASCA 201 (28 November 2014) Application for amendment of registered patent in terms of s 51 of Patents Act 57 of 1978 – objection that proposed amendment will render claim 1 of the patent unclear – further opposition on the basis that, in any event, the application should be refused for reasons of ‘undue delay’ and ‘reprehensible conduct’ on the part of the patentee.

Du Plooy v The State (940/13) [2014] ZASCA 200 (28 November 2014) Sentence – two charges of murder and one of theft – mitigating factors – relied upon in the main – youthfulness and influence of "drugs‟ – sentence of 12 years imposed by high court – interference on appeal unwarranted.

Mahlamuza and another v State (20288/14) [2014] ZASCA 213 (1 December 2014) Duplication of convictions – same set of proven facts giving rise to separate conviction of robbery with aggravating circumstances and two convictions of attempted murder – failure by State to establish (a) violence used against victims exceeded bounds of robbery and (b) further intention to kill – conviction on two counts of attempted murder thus unwarranted.

State Bank of India v Denel SOC Limited (947/13) [2014] ZASCA 212 (3 December 2014) Interpretation of on demand guarantees ─ whether demands compliant with terms of guarantees ─ whether a South African court has jurisdiction where a guarantee expressly provides that it should be governed and construed in accordance with the exclusive jurisdiction of the Indian courts.

Media Summary Cowin NO v Kyalami Estate Homeowners Association (499/2013) [2014] ZASCA 221 (12 December 2014) Land – a title condition in a deed of transfer which prohibits the transfer of immovable property without a clearance certificate or the consent of a homeowner’s association constitutes a real right – the title condition is thus binding on successors in title including the liquidators of the insolvent property owner – amounts owed by insolvent owner not ‘taxes’ as envisaged in s 89(5) of the Insolvency Act 24 of 1936.

Media Summary Willow Waters Homeowners Association (Pty) Ltd v Koka (768/13) [2014] ZASCA 220 (12 December 2014) Land – whether a condition of title in a title deed of immovable property which prohibits the transfer thereof without a clearance certificate or the consent of a homeowner’s association constitutes a real or personal right – whether the embargo remains binding on the Master and trustees of the property owners in sequestration.Media Summary Syster & another v The State (126/2014) [2014] ZASCA 215 (01 December 2014) Criminal appeal against convictions on rape and indecent assault – Complainant a single witness – evaluation of her evidence – the trial court making credibility findings favourable to complainant – whether the appeal court free to interfere with such – consent – whether the evidence sufficient to sustain the convictions.Yair Shimansky v Browns the Diamond Store (9/2014) [2014] ZASCA 214 (1 December 2014) Trade mark: the EVOLVE trade mark on men‘s wedding bands, sold by Browns Store, does not infringe the registered EVOLYM trade mark on engagement rings sold at Shimansky stores: the two word marks, considered globally, do not resemble each other in such a way as to cause deception or confusion.Braun Medical (Pty) Ltd v Ambasaam CC (757/13) [2014] ZASCA 199 (28 November 2014) Repudiation of contract – demand for performance – reasonable person not perceiving demand as an indication of repudiation – interpretation of contract – extraneous evidence to be used as conservatively as possible – appeal upheld.Charter Developments v Waterkloof Marina Estates & another (1025/2013) [2014] ZASCA 198 (28 November 2014) Company – Winding up by Court – Property purchased in good faith in circumstances where the liquidator was not authorised to sell the property – Section 82(8) of the Insolvency Act 24 of 1936 rendered applicable by s 339 of the Companies Act 61 of 1973 – Agreement valid.A service delivery agreement, entered into pursuant to a request for proposals (RFP) and a bid award, and which expressly referred to the RFP, had to be read subject to the provisions of the RFP.

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