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Citation
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Judgment date
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| August 2025 |
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Life imprisonment for contract murder upheld; personal circumstances and advanced age not substantial and compelling justifications for deviation.
Criminal law – Sentencing – Minimum sentences – Murder – Contract killing – Substantial and compelling circumstances – Advanced age – Remorse – Appeal against sentence – Section 51(1) of Criminal Law Amendment Act 105 of 1997 – When deviation from minimum sentence justified.
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19 August 2025 |
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Application for leave to appeal dismissal of rescission of taxed costs refused for lack of reasonable prospects of success.
Leave to appeal – Taxation of costs – Service of notice of set down – Application of Uniform Rule 70 – Reasonable prospects of success – Standards for granting leave to appeal under s 17(1)(a) of the Superior Courts Act.
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19 August 2025 |
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Conviction and sentence for rape set aside where single child witness's evidence lacked corroboration and proof beyond reasonable doubt.
Criminal law – Rape – Single witness and child witness testimony – Cautionary rule – Requirement of proof beyond reasonable doubt – Forensic evidence – Evidential misdirection – Setting aside conviction where evidence does not support guilt beyond reasonable doubt.
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19 August 2025 |
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Damages awarded for unlawful arrest and degrading detention after police failed to justify plaintiff’s three-day detention without warrant.
Unlawful arrest and detention – Onus to justify police action – Placing of damages for loss of liberty – Assessment of compensation for degrading detention conditions – Prima facie unlawfulness in absence of justification by defendant – Quantum of damages for duration and circumstances of detention.
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12 August 2025 |
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Court dismisses claims for unlawful arrest and malicious prosecution finding reasonable suspicion and absence of prosecution on robbery charge in district court.
Civil procedure – Unlawful arrest and detention – Objective reasonableness of suspicion – Malicious prosecution – Requirements to prove instigation and termination of proceedings – Police powers under Criminal Procedure Act.
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12 August 2025 |
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A multiple-rape convict was sentenced to two life terms after the court found no compelling reasons to depart from prescribed minimum sentences.
Criminal law and procedure – Rape – Minimum sentencing – Substantial and compelling circumstances – Whether personal circumstances justify deviation from prescribed minimum sentence – Victim impact and aggravating circumstances – Entry into sexual offenders and child protection registers – Secondary victimization by state agencies.
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8 August 2025 |
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A court convicted the accused of housebreaking, kidnapping, and rape based on credible evidence, DNA, and statutory minimum sentencing provisions.
Criminal law – rape – evidence – single witness – corroboration by DNA – housebreaking with intent – kidnapping – minimum sentencing under Criminal Law Amendment Act – grievous bodily harm – assessment of unchallenged forensic and medical evidence – sufficiency of proof beyond reasonable doubt – elements of housebreaking and kidnapping clarified.
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6 August 2025 |
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A court imposed life imprisonment for premeditated murder, finding no compelling reasons to deviate from the statutory minimum.
Criminal law—Sentence—Murder—Minimum sentence—Premeditated murder—Substantial and compelling circumstances—Requirements for departure from prescribed sentences—Personal circumstances versus seriousness of offence and impact on society—Application of s 51(1) of Act 105 of 1997.
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6 August 2025 |
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Application for leave to appeal against dismissal of unlawful arrest claim dismissed due to lack of prospects of success.
Criminal procedure – Unlawful arrest and detention – Warrantless search and seizure – Police discretion – Section 13(7) South African Police Act – Section 22 and 40 Criminal Procedure Act – Reasonableness of suspicion – Appeal prospects – Police discretion and justification for detention.
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5 August 2025 |
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Impoundment of a vehicle for obstruction under statutory authority does not amount to unlawful spoliation justifying restoration.
Spoliation – Mandament van spolie – Lawful possession – Vehicle impoundment – National Road Traffic Act – Municipal By-Laws – Authority of statutory dispossession – Owner’s locus standi through employee possession – No unlawful deprivation established.
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1 August 2025 |
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Fingerprint evidence supported by expert testimony led to the rejection of the accused’s alibi and conviction for premeditated murder.
Criminal law – murder – expert fingerprint evidence – admissibility and probative value – alibi – evaluation of conflicting evidence – onus of proof – sufficiency of forensic evidence to establish presence at crime scene beyond reasonable doubt.
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1 August 2025 |
| July 2025 |
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The plaintiff's claim for fire-related damages against the electricity supplier was dismissed due to failure to prove negligence.
Delict – Negligence – Fire damage allegedly caused by meter box – Onus on plaintiff – Rebuttal of statutory presumption under s25 Electrical Regulation Act – Causation – Mutually destructive versions – Failure to prove negligence on balance of probabilities – Costs.
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31 July 2025 |
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The extension of a municipal manager's suspension lapsed per regulations; regulation 6(6) is constitutional.
Labour Law – Suspension of senior municipal managers – Regulation 6(6) prohibits extension of suspension beyond three months – Constitutional challenge to regulation dismissed.
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8 July 2025 |
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The court emphasized the role of PAJA in remitting matters for just and equitable resolutions even without explicit party requests.
Administrative law; remittal and review of administrative actions; section 8(1)(c)(i) of PAJA; procedural fairness and judicial discretion.
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8 July 2025 |
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The application for urgent relief was struck for self-created urgency, with costs awarded to the respondents.
Urgency – self-created urgency in interim relief applications – procedure under Uniform Rules of Court.
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8 July 2025 |
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The court dismissed an application for enforcement of acting allowance terms, finding no breach of contract.
Labour Law – contract terms – acting allowance termination – organisational structure changes – legality and fair process requirements
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1 July 2025 |
| June 2025 |
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The court reviewed and set aside decisions recognizing a traditional leadership position due to lack of jurisdiction and procedural fairness.
Traditional leadership disputes - jurisdiction of Commission - procedural fairness - internal remedies.
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27 June 2025 |
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Electricity supply was terminated without notice, granting an urgent interim interdict to restore supply pending further hearing.
Administrative law - municipal services - electricity supply termination - requirement of pre-termination notice - interim interdict criteria.
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27 June 2025 |
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Court held municipality's termination of water supply without fair notice unconstitutional and granted urgent interim relief.
Constitutional law - Right to water supply - Urgent interim relief - Fair procedure before termination - Dignity and living conditions.
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27 June 2025 |
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Whether the accuseds shooting of the spouse was premeditated murder attracting s51(1) minimum sentence.
* Criminal law - Murder - Whether shooting of spouse was premeditated and attracts section 51(1) minimum sentence.
* Evidence - Informal admissions - admissibility and corroboration (s 219A CPA).
* Evidence evaluation - holistic approach (S v Chabalala) and assessment of inherent probabilities.
* Alternative verdict - consideration of culpable homicide where accused alleges accidental discharge.
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25 June 2025 |
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The court imposed multiple life sentences on the accused for heinous crimes against young girls.
Criminal law - sentencing - application of prescribed minimum sentences - consideration of offender's history in recidivism and lack of remorse.
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25 June 2025 |
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Court sentenced accused, considering substantial and compelling circumstances to deviate from prescribed minimum sentences due to abusive relationship.
Criminal Procedure - Sentencing - Deviation from prescribed minimum sentences due to substantial and compelling circumstances - Domestic violence context - Sentencing with consideration of personal circumstances and rehabilitation potential.
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20 June 2025 |
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The court dismissed a leave to appeal due to unlawful suspensions lacking pre-suspension hearings.
Labour Law – Suspension – Legality under collective agreements – Pre-suspension hearing requirement and legality principle.
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19 June 2025 |
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Court dismisses intervention by Amafana-nkosi as they lack legal recognition as a distinct royal family.
Traditional leadership – Intervention application – Definition and recognition of a royal family under the Eastern Cape Traditional Leadership and Governance Act.
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19 June 2025 |
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Court dismisses application challenging electricity disconnection due to contract termination, citing lack of applicants' legal standing.
Electricity supply termination – contract law – privity of contract – PAJA applicability – procedural fairness requirement.
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13 June 2025 |
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Appellant’s challenge succeeds: rezoning and removal of title restriction were unlawful; use limited to residential purpose.
Land use and planning — SPLUMA compliance — validity of rezoning where no Municipal Planning Tribunal constituted; removal of restrictive title conditions requires prescribed Deeds Registrar recording; municipal/public participation and PAJA notice requirements — adequacy of newspaper service; consent by municipality does not automatically remove title restrictions; declaratory and interdictory relief available to affected neighbouring owners.
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12 June 2025 |
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Applicants granted mandatory interdict compelling provincial transport department to repair gravel road within 120 days.
Administrative law – Mandatory interdict – requisites for final interdict (clear right, injury, no alternative remedy); Locus standi under s 38 of the Constitution; Non-joinder – municipalities not directly prejudiced; Structural interdict – judicial supervision declined; Provincial obligation for road maintenance.
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12 June 2025 |
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Presence of victim's phone and DNA evidence crucial to convicting accused of murder and rape.
Criminal Law – murder, rape, robbery – circumstantial evidence – DNA evidence – police procedural irregularities.
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12 June 2025 |
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Court grants leave to amend pleadings by deleting executor property order and asserts High Court jurisdiction.
Civil procedure - Amendment of pleadings - Leave granted for amendment deleting Rule 46A prayer for execution order.
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10 June 2025 |
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Prescription began on the date of arrest; statutory notice was late and the plaintiff's claim was dismissed.
Prescription – when prescription commences under s12 Prescription Act – delictual debt for unlawful arrest and detention – debt due when creditor has factual ingredients to prove liability; knowledge of wrongfulness is a legal conclusion not a fact – s12(2) and (3) considered. Statutory notice – Institution of Legal Proceedings Against Certain Organs of State Act 40/2002 – timing and non-compliance. Rule 33 special case – court confined to agreed facts and questions of law.
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10 June 2025 |
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Court rescinded an erroneous order due to absence of consensus on Trust terms, under Rule 42(1)(a).
Civil procedure - rescission of court order - absence of consensus on Trust terms - procedural irregularity - Rule 42(1)(a).
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10 June 2025 |
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A subsisting customary marriage can only be dissolved by court decree; a subsequent civil marriage during its subsistence is null.
Customary marriage — recognition despite non-registration; dissolution only by court decree under RCMA s8 — desertion/expulsion not sufficient; civil marriage contracted during subsistence of customary marriage is null and void; remedial orders include registration and estate administration adjustments.
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5 June 2025 |
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Customary marriage requires a court divorce decree for dissolution, rendering intervening civil marriages null.
Customary law - dissolution of marriage - non-registration effect - validity of subsequent civil marriage.
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5 June 2025 |
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Court mandates DNA test proving paternity without exhuming deceased, emphasizing justice over procedural obstacles.
Family Law – Compulsory DNA testing for paternity disputes – Exhumation of deceased questioned as against public morals – Procedural adequacy in non-joinder and timeliness.
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5 June 2025 |
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Leave to appeal refused: applicants failed to show reasonable prospects or compelling reasons under section 17.
• Criminal law — leave to appeal — s 17 Superior Courts Act — reasonable prospects of success required; • Evidence — assessment of section 204 witness and identity evidence; • Forensic evidence — absence of DNA/fingerprint evidence not fatal where direct evidence links accused; • Procedural — applicant must show realistic, not merely possible, prospect of success.
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3 June 2025 |
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Court admitted confessions as voluntary, rejected torture claims, and convicted accused no.1 and no.5 on multiple robbery and related charges.
Criminal law – admissibility of confessions (s 217 CPA) – trial-within-a-trial on voluntariness; exclusionary rule (s 35(5) Constitution); alleged torture and coercion; constitutional challenge to s 217(1)(a) amendment (unproclaimed) – reading-in declined; corroboration and aliunde evidence; doctrine of common purpose; convictions for aggravated robbery, murder, attempted murder, unlawful possession of firearms and hijacking.
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3 June 2025 |
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Court upholds confessions leading to convictions for robbery-related crimes following disputed admissibility proceedings.
Criminal Law – Armed robbery – Admissibility of confessions – Alibi defense – Constitutionality of criminal procedure.
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3 June 2025 |
| May 2025 |
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Default judgment refused where plaintiff failed to prove on a balance of probabilities that her injury resulted from negligent driving.
Road Accident Fund – default judgment – struck-out defence does not dispense with plaintiff’s burden to prove liability; single-witness evidence; hearsay; inferential reasoning; requirement for positive proven facts to infer negligence.
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29 May 2025 |
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Municipal council's cancellation of a senior manager appointment was administrative, irrational and subject to PAJA review; court appointed the applicant.
Administrative law; municipal appointments under s56 Municipal Systems Act; PAJA reviewability of council decisions; rationality and relevance of considerations; substitution remedy under s8(1)(c) PAJA where council acted without factual basis.
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29 May 2025 |
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The Road Accident Fund held liable for damages, with the insured driver found solely responsible for the accident.
Road Accident Fund – Liability assessment – Determination of sole cause of accident – Credibility of evidence in personal injury claims.
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28 May 2025 |
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Leave to appeal refused: no reasonable prospect; court's structural interdict did not usurp municipal powers.
Administrative law — leave to appeal (s17 Superior Courts Act) — reasonable prospects required; dispute of facts and Plascon‑Evans principle; structural interdicts against municipalities; separation of powers and scope of judicial remedial orders; municipal planning (IDP) and accountability.
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27 May 2025 |
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Unlawful termination of employment due to work permit issues deemed unfair; reinstatement impractical.
Employment law – Unlawful termination – Work permit expiry – Fair labour practice – Immigration Act compliance required.
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27 May 2025 |
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The applicant’s attorneys’ failure to prepare an adequate appeal record warranted de bonis propriis costs and partial fee forfeiture.
Costs de bonis propriis; inadequate appeal record (unmarked exhibits, incorrect pagination); duties of attorney and counsel to court and client; partial forfeiture of counsel fees; responsibility for wasted costs; sanctioning professional negligence.
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20 May 2025 |
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Urgency found self-created for interdict sought, with existing order in place, making application redundant.
Interim interdicts—Urgency—Self-created urgency and existing court order—Duplicate relief abuse of process.
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15 May 2025 |
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The applicant was granted discovery of an inquest docket; defendants' non‑joinder and cause‑of‑action points dismissed.
Rule 35(3) discovery – documents in possession or control – ‘control’ includes possession, access or power to produce; IPID independence does not negate Minister/SAPS liability; misjoinder/non‑joinder and lack of cause of action dismissed; relevance for discovery assessed by applicant.
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6 May 2025 |
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Applicant’s variation under Rule 42(1)(a) granted to limit interest by the in duplum rule; no costs.
* Civil procedure – Rule 42(1)(a) – rescission/variation of orders erroneously granted in absence – discretion to rescind. * Contract/common law – in duplum rule – accrued interest limited to principal; interest award exceeding capital is erroneous and subject to variation. * Procedure – absence by mediation and bona fide attempt to resolve does not necessarily preclude relief under Rule 42(1)(a).
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6 May 2025 |
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Poorly pleaded zoning and misrepresentation defences failed to constitute a bona fide defence to cancellation and eviction.
Summary judgment — bona fide defence; commercial lease — tenant responsible for statutory permits and licences; no-warranty clause enforceable; zoning (SPLUMA) allegations insufficiently pleaded; counterclaim and misrepresentation not particularised; costs on attorney-and-client scale.
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6 May 2025 |
| April 2025 |
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Proceeding in a s93ter murder trial without assessors and without the accused’s consent vitiates the proceedings.
Criminal procedure — Magistrates’ Courts Act s93ter — assessors in regional court murder trials — proviso requiring two assessors peremptory — absence of assessors without accused’s informed consent vitiates proceedings — special review and remittal.
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29 April 2025 |
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Default judgment refused where particulars failed to plead necessary averments of vicarious liability; leave to amend granted.
Civil procedure – default judgment – particulars of claim lacking necessary averments; vicarious liability – plaintiff must plead and prove employment relationship, scope of duties and that wrongful act occurred in course of employment; Rule 9 – requirement to plead material facts; inadequacy of pleading cannot be cured by evidence alone.
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29 April 2025 |
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Affected parties must use Rule 42 to set aside court orders granted in their absence.
Land use and property law – Rescission of a court order – Rule 42 – Affected parties not present in original action
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22 April 2025 |