|
Citation
|
Judgment date
|
| September 2023 |
|
|
Court holds settlement order recorded consent to consolidation; purported cancellation unlawful and separate levies prohibited.
• Civil procedure – interpretation of settlement agreement made an order of court – Endumeni and Eke principles applied. • Property/land use – consent to consolidation versus municipal subdivision/rezoning approvals. • Enforcement of settlement orders – res judicata effect; cancellation held unlawful. • Non-joinder – municipal non-joinder not fatal where relief concerns contractual consent and levy treatment.
|
26 September 2023 |
|
Court appointed confidential child psychologist and empowered parenting coordinator to protect children’s interests amid acrimonious divorce.
Family law – Rule 43 – Appointment of child psychologist to address children’s emotional welfare; confidentiality of therapeutic findings; appointment of parenting coordinator/mediator with power to issue binding directives pendente lite; refusal to order compulsory psychological evaluation of a parent; costs and procedural propriety in urgent children’s applications.
|
26 September 2023 |
|
Pleadings read pragmatically supported a fraud/theft cause of action against second and third defendants; exceptions dismissed.
Civil procedure – exception to particulars of claim – test for exception: whether on every reasonable interpretation no cause of action may be made out – pleadings to be read pragmatically; delictual liability – fraud/theft – liability of non-signatory defendants alleged through collusion, knowledge and dissipation; proprietary remedies (rei vindicatio/actio ad exhibendum) inappropriate for money deposited with bank (ownership passes to bank).
|
26 September 2023 |
|
An exception to delictal claims for municipal negligent omissions fails where pleaded facts plausibly establish a legal duty and wrongfulness.
Municipal liability – delict – pure economic loss – wrongfulness distinct from negligence – "something more" required for administrative breaches; negligent misstatement and omissions; interplay between PAJA and Aquilian liability; exception for failure to disclose cause of action.
|
7 September 2023 |
|
An executor/attorney who pursues unmeritorious litigation may be ordered to pay costs de bonis propriis and reported to regulators.
Executor and attorney – fiduciary duties – litigating in both capacities – de bonis propriis costs – improper, negligent or unreasonable conduct by fiduciary or practitioner – duty to consider estate resources – notification to Legal Practice Council and Master of High Court.
|
5 September 2023 |
|
Separate loss‑causing events (two fires) preclude joinder under the Apportionment Act and rule 13; further amendment refused.
Apportionment of Damages Act s 2(1) – 'the same damage' requires one loss‑causing event; separate fires constitute separate damage – Rule 13 joinder – allows declaratory apportionment only, not monetary claims between wrongdoers – Exception practice – repeated futile amendments may justify refusal of further leave to amend.
|
5 September 2023 |
|
Exception upheld: particulars failed to plead a sustainable cause of action and omitted applicable foreign law, causing vagueness and prejudice.
International contract – suspensive condition not fulfilled – contract void ab initio; Distinction between contractual restitution and unjustified enrichment (condictio indebiti); Pleading requirements for foreign law and proper law of contract; Exception for lack of cause of action and vagueness/embarrassment; Leave to amend particulars of claim.
|
5 September 2023 |