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Citation
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Judgment date
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| January 2019 |
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Plaintiff failed to prove a causal link between alleged severe brain injury and loss of earning capacity; claim dismissed.
Road Accident Fund – loss of earning capacity – causation between alleged traumatic brain injury and neurocognitive/functional sequelae; weight of contemporaneous hospital records (GCS/CT) versus later expert opinion; limits of expert evidence based on patient self-report and speculative assumptions; relevance of Appeal Tribunal/HPCSA classification to separate heads of damages.
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31 January 2019 |
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Reported
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29 January 2019 |
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29 January 2019 |
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29 January 2019 |
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Reported
An option to renew requiring future agreement without a deadlock‑breaker is unenforceable; respondent evicted and costs ordered.
Contract – Lease – Option to renew – Agreement to agree requiring parties to ‘agree in writing’ to rental and other terms is unenforceable without a deadlock‑breaking mechanism; estoppel by representation not dispositive where offer is incomplete; lease terminated by effluxion of time; eviction and costs awarded.
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28 January 2019 |
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25 January 2019 |
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25 January 2019 |
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Confession and bail-record inadmissible; failure to plead common purpose precludes murder conviction despite strong circumstantial case; conspiracy conviction upheld.
Criminal law – admissibility of statements after accused elected legal representation; admissibility of bail record absent s60(11B)(c) warning; circumstantial evidence and Blom principles; requirement to plead common purpose; late amendment of indictment prejudicial.
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25 January 2019 |
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21 January 2019 |
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17 January 2019 |
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Rescission refused where applicant failed to provide a reasonable explanation and prima facie case for redistribution under s7(3).
Civil procedure – Rescission of judgment – divorce decree granted in absence – requirements for rescission: reasonable explanation for default, bona fides, prima facie defence. Family law – Divorce Act s7(3) – redistribution claims require pleaded primary facts showing contribution and extent of estate. Service – substituted service challenged but respondent’s version preferred on the papers. Pleadings – distinction between primary facts and secondary/conclusory in resisting rescission.
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17 January 2019 |