High Court of South Africa Eastern Cape, Mthatha - 2022

52 judgments
  • Filters
  • Judges
  • Labels
  • Case actions
  • Alphabet
Sort by:
52 judgments
Citation
Judgment date
April 2022
Applicant unlawfully despoiled; spoliation and final interdict granted to restore possession and prevent further interference.
Property law — Mandament van spolie — Protection of possession and access as incident of possession; self-help dispossession unlawful even if arrear rent alleged; lien defence rejected absent contractual relationship; requirements for final interdict satisfied.
21 April 2022
March 2022
Confession excluded as not voluntary; State evidentially deficient — all accused discharged on all counts.
Criminal procedure — admissibility of confession — section 217 CPA; constitutional rights — section 35(1) — right to remain silent and legal representation; warning statement (SAPS) — necessity for early use; voluntariness of statements; sufficiency of circumstantial evidence; section 174 discharge.
24 March 2022