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Citation
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Judgment date
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| February 2023 |
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Court confirmed sale to highest bidder after open-court Rule 46A reconsideration; property was not primary residence.
Rule 46A – reserve price reconsideration where reserve not achieved; mandatory open-court reconsideration; application of Rule 46A(9)(b) factors (market/forced-sale value, rates, occupancy, likelihood of sale); confirmation of sale to highest bidder under Rule 46A(9)(e); distinction between primary residence protection and investment property.
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28 February 2023 |
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Court removed the applicant as trustee for dereliction, struck out affidavit material and appointed new trustees to restore trust administration.
Trust law – Removal of trustees – s20(1) Trust Property Control Act – court may remove trustee in interests of trust where dysfunction or dereliction imperils trust; fiduciary duties – trustees’ duty of care and avoidance of conflicts; evidence – striking out hearsay and scandalous/vexatious affidavit material for non-disclosure of source; appointment – court’s power to appoint/substitute trustees and to appoint multiple independent trustees notwithstanding deed wording.
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21 February 2023 |
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Rescission of a consent order for municipal debt failed for lack of a common mistake and causal connection.
Rule 42(1)(c) — rescission for common mistake; municipal indebtedness and consent orders; threat to interrupt electricity supply; applicability of Resilient; causation requirement for setting aside consent judgments; finality of court orders vs. IRFA dispute resolution.
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14 February 2023 |
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Warrant valid where State Liability Act steps complied with and incorrect case number was an inconsequential clerical error.
State Liability Act (Act 20 of 1957) s3(3)–(6) – compliance required before execution; warrant of execution – clerical error in case number – bona fide, inconsequential mistake not vitiating writ; requirement of prejudice/materiality to set aside writ; locus to prosecute claim against sheriff where applicant has no interest in remaining issue.
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14 February 2023 |
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Consolidation refused: distinct issues and substantial prejudice (delay and costs) to the respondent.
Rule 11 – Consolidation of actions; convenience to court and parties; avoidance of multiplicity and costs; prejudice and delay; distinct issues of agency/settlement agreement v insurer repudiation and indemnity; different witnesses and evidence required.
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14 February 2023 |
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Minor claimant found unemployable; future loss of earning capacity awarded with 25% contingency deduction.
Road Accident Fund – quantum – future loss of earning capacity of a child pedestrian – severe orthopaedic injury, chronic pain and compromised post‑morbid intellectual functioning – expert evidence evaluation (orthopaedic, occupational, educational and industrial psychology) – actuarial valuation accepted – 25% contingency deduction applied – unemployability established.
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10 February 2023 |
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Executrix’s possessory right supports spoliation relief; ordering compelled transfer may have been premature, leave to appeal granted on that point.
Civil procedure — mandament van spolie — possessory relief available to an executrix who has detentio and animus in respect of estate property when forcibly dispossessed. Administration of Estates Act — executor’s duty and rights to take control of deceased’s property and to enforce enforceable contracts entered into by the deceased. Joinder — non‑joinder of the Master not fatal to urgent spoliation proceedings where Master’s input is unnecessary. Remedies — self‑help by alleged owners impermissible; estate and interested parties must pursue claims under the Act or in court. Competence of relief — court may have been premature in ordering compelled signature of transfer documents before estate administration steps completed.
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9 February 2023 |
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A court may refuse to enforce a termination-on-notice clause used mala fide to evade a court order.
Contract law – enforcement of termination-on-notice clauses – pacta sunt servanda not absolute – mala fide enforcement contrary to public policy – will not be enforced where used to undermine court orders; interim relief to suspend such enforcement where urgency, prima facie right and balance of convenience established.
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7 February 2023 |
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Employer’s inadequate line-specific training and supervision caused employee’s back injury; defendant held liable.
Delict — negligence: employer/occupier duty to provide adequate line-specific training and supervision for hazardous machinery; failure to train/supervise operators on SSB rear-axle line; factual and legal causation established (sine qua non and foreseeability); admissible expert occupational-therapy evidence on mechanism of injury; costs including expert fees awarded.
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6 February 2023 |
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Medical aid payments do not bar RAF liability for proven past medical expenses, particularly for a child claimant.
Road Accident Fund liability – past medical and hospital expenses – whether medical aid payments reduce RAF liability – admissions and agreed quantum determinative. Personal payment requirement – minors and dependents – payments by parent/medical aid do not preclude recovery. Interpretation of RAF Act – no statutory basis to deny compensation where expenses proven and admitted.
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1 February 2023 |