NUMBER ON

ROLL

CASE NO

PARTIES

ALLOCATION/ORDER GRANTED

PART A: GENERAL CIVIL TRIALS

1. ​

2010/34253

ZWANE PHUMZILE GLADNESS VS ZWANE BEN BAFANA

Plaintiff: Adv J Govender Defendant: Adv C Britz Divorce

Plaintiff seeks an order that defendant forfeits patrimonial benefits

Defendant seeks division of joint estate

Pre-trial conference: 20

September 2023

Minutes registered: 21 September 2023

Estimated duration: 3 days

ADAMS J

Secretary: Ms G Dlamini Email: GDlamini@judiciary.org.za

2.

2021/7757

KHUMALO PEARL VS DISASO AND VIVIDEND INCOME FUND LTD

Plaintiff: Adv M Mataboge Defendant: Adv Z Khan

Delict – plaintiff claims in respect of injuries sustained when she fell through a skylight (balcony) Merits

Pre-trial conference: 29 May 2023

Minutes registered: 05 July 2023

Estimated duration: 3 – 4 days

MATTER STANDS TO BE ALLOCATED. THE ALLOCATION WILL OCCUR AS SOON AS A JUDGE BECOMES AVAILABLE. THE PARTIES WILL BE NOTIFIED PER E-MAIL WHEN THE ALLOCATION

OCCURS

3.

2018/24109

CANNING DAWNE LOUISE AND OTHERS VS THE CITY OF JOHANNESBURG AND OTHERS

Plaintiff:  Adv  H P  van Nieuwenhuizen

Defendant: Adv L Mokwena Plaintiff seeks:

1.  A declaratory order that the complaint (fourth plaintiff lodged a complaint with first defendant in writing as envisaged in terms of s 11(1) of the First Defendant’s  Debt Collection By-Laws in respect of the accuracy of the increased rates and thus the amount due and payable by the fourth plaintiff to the first defendant in terms of first defendant’s tax invoice of 09 May 2017) has not been  resolved, alternatively that the complaint had not been resolved by at least 19 June 2018;

2.  Reserved costs of the June 2018 urgent application – on 24 October 2017, the plaintiffs obtained an urgent court order against the first defendant in this Court (the interdict application) in terms whereof the first defendant was interdicted from disconnecting or terminating the supply of electricity to the property until such time as the complaint lodged with the first defendant was resolved. On or about 19 June 2018 the plaintiffs obtained a further urgent court order against first defendant (in terms of “the June 2018 urgent application”) in the interdict application in terms whereof:

2.1 the first defendant was interdicted and restrained from disconnecting  or

terminating the supply

MATTER STANDS TO BE ALLOCATED. THE ALLOCATION WILL OCCUR AS SOON AS A JUDGE BECOMES AVAILABLE. THE PARTIES WILL BE NOTIFIED PER E-MAIL WHEN THE ALLOCATION OCCURS

of electricity or water to the property;

2.2 the aforesaid interdict was to operate as an interim interdict pending the outcome of this action for a declaratory order that the  complaint referenced in the original court order had not been resolved;

2.3 the costs of the June 2018 application were reserved  for determination in the action for declaratory relief;

3.  payment of an amount based on the condictio sine causa – On or about 12 October 2019 the fourth plaintiff entered into a written sale agreement whereby the property was sold to third parties (the buyers). In order to give effect to the aforesaid written sale agreement and to enable the property to be lawfully transferred from the fourth plaintiff to the buyers:

3.1 the fourth plaintiff was obliged to obtain a clearance certificate from the first defendant that there were no outstanding rates and taxes in respect of the property;

3.2 the fourth plaintiff accordingly requested the necessary clearance information from and was provided therewith by the first defendant (the clearance information).

3.3 Terms of the clearance information an amount of;

3.4 An amount was to be paid by no later than 01 March 2020 as a

prerequisite  for  the

first defendant to issue the fourth plaintiff with the necessary clearance certificate (the rates clearance amount), which included an amount, being rates irregularly levied in respect of the property, for the reasons applicable to the declaratory relief that the plaintiffs seek with regards to the complaint   (the

irregular rates amount);

3.5 The fourth plaintiff paid the irregular rates amount under protest   and

accordingly has been impoverished whilst the first defendant has been enriched at the former’s expense in the sum of the irregular rates amount, sine causa.

Estimated duration: 2 – 3 days

4.

2021/5818

RASHID SULIMAN VS MONAGAREN SHANNON NAICK AND LALITHA NAICK

Plaintiff: Adv D Block Defendant: Adv L Pilusa Plaintiff is claiming monetary

damages from the defendants as a result of a dog attack incident that occurred on 03 November 2019

Merits

Pre-trial conference: 08 August 2023

Minutes registered: 04 September 2023

Estimated duration: 4 – 5 days

WRIGHT J

Secretary: Ms M Vukeya Email: MVukeya@judiciary.org.za

5.

2021/20205

DISEKO DERICK KHOMO VS CITY JOHANNESBURG

Plaintiff: Adv V W Rikhotso Claim for damages suffered as a result of injuries sustained by plaintiff after the parking gate at

the defendant’s premises came off its rail and fell on him

Merits

Estimated duration: 1 – 2 days

Matter is removed from the trial roll by notice

6.

2019/33514

PIETER EDWARD ADAMS AND OTHER VS MICHELLE BENEKE

Plaintiff withdrew the action against the defendant and plaintiffs tender payment of an agreed amount of R5

500.00 as contribution towards the defendant’s costs as per notice filed on

23 August 2023

7.

2020/26052

MATLAISANE CECILIA VS CITY OF JOHANNESBURG METROPOLITAN MUNICIPALITY

Plaintiff: Mr H Schouten Delictual damages Merits and quantum

Matter is settled

SENYATSI J

Secretary: Ms N Khulu Email: NKhulu@judiciary.org.za

8.

2016/42211

MONTEREY BODY

CORPORATE VS BILA ANANIAS MOISES

Matter is removed from the trial roll by notice

9.

2020/41796

MCCARTHY PTY LIMITED VS LAUREN BARBARA OLINSKY

Plaintiff: Adv J Kaplan Defendant: Adv W Shapiro SC and Adv I Veerasamy

Whether or not defendant made a fraudulent misrepresentation to plaintiff and if so, whether plaintiff has suffered damages in the amount claimed alternatively, whether or not defendant is liable to plaintiff in terms of s 424(1) of the Companies Act 61 of 1973 for the carrying on of the business of Cancom (Pty) Ltd in a fraudulent manner

Estimated duration: 4 – 5 days

Pre-trial conference: 20 April 2022

SENYATSI J

Secretary: Ms N Khulu Email: NKhulu@judiciary.org.za

10.

2021/6322

PIETER HENDRIK STRYDOM N.O HAROON ABDOOL SATAR MOOSA AND OTHER VS SEAN BURTON FRASER- BOTHMA

Plaintiff: Adv H R Fourie SC and Adv S Venter

Defendant: Adv J W Steyn Claim against the defendant by the plaintiffs is for the setting

aside of dispositions in terms of s 29 of the Insolvency Act 24 of 1936

Estimated duration: 10 minutes Pre-trial conference: 07 February 2022

Matter is settled

SENYATSI J

Secretary: Ms N Khulu Email: NKhulu@judiciary.org.za

PART B: ROAD ACCIDENT FUND

11.

2020/3186

KAROLIA SHAAKIRA VS ROAD ACCIDENT FUND

Trial of Long Duration allocated to MOLELEKI

AJ

MATTERS REMOVED FROM THE ROLL BY NOTICE

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 nine (09) 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 approximately five (05) court days before the trial date, 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 by no later than five (05) court days before the trial date. 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.