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Citation
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Judgment date
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| November 2025 |
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Missing loan/surety documents and disputed authorization of mortgage bonds raise triable issues; summary judgment refused.
Civil procedure – opposing summary judgment – absence of underlying loan and surety documents – registered mortgage bonds – triable issues and possible irregularity/fraud – summary judgment inappropriate; leave to defend granted; matter to trial.
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21 November 2025 |
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Court granted judgment and special execution under Rule 46A despite municipal prior charge, fixing a R1,000,000 reserve price.
Civil procedure — condonation for late affidavit; service and substituted service; National Credit Act issues incidental; Rule 46A — execution against (formerly) primary residence; municipal prior charges and negative equity; fixing of reserve price.
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21 November 2025 |
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Applicant failed to prove confidential trade secret or harm; restraint application dismissed despite urgency.
Restraint of trade – final interdict where no interim relief sought – onus to prove entitling facts on balance of probabilities; Plascon-Evans application to disputed facts; requirement to identify confidential information/trade secrets with particularity; absence of evidence of diverted mandates or loss – restraint dismissed; urgency and costs implications.
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21 November 2025 |
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Leave to appeal refused: non-owner’s lease did not bind liquidators and huur gaat voor koop was inapplicable.
Property law – Lease by non-owner – Binding true owner only by consent, adoption/ratification or huur gaat voor koop; huur gaat voor koop requires contractual transfer of ownership; title correction under s62 Deeds Registries Act does not invoke huur gaat voor koop – Leave to appeal (s17(1)(a) Superior Courts Act) requires reasonable prospects of success or compelling reason.
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21 November 2025 |
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High Court restrained execution of arrest warrant under a protection order where alleged "economic abuse" from refusing to sell matrimonial home was prima facie unjustified.
Domestic Violence Act – final protection order – scope of "economic abuse" – whether non‑co‑operation in sale of matrimonial home constitutes economic abuse; Appeal – effect on operation of final protection order (s 6(7)(b)) – suspension requires application under Magistrates' Court Act s 78; Civil remedies – enforcement of divorce decree via civil contempt, not domestic violence proceedings; Interests to intervene – mere mention in affidavit insufficient for standing.
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21 November 2025 |
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Title-deed recordals and pleaded consent can sufficiently aver homeowners' association membership; register entry is evidential only.
Pleadings — homeowners' association levies — title-deed recordal of membership — register entry evidential not constitutive; exception for failure to disclose cause of action — must show no reasonable interpretation or possibility of evidence to establish cause; consent as essential fact for membership.
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20 November 2025 |
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An owner's title-deed recordal and consent can establish homeowners' association membership; register entry is evidentiary, not dispositive.
Homeowners' association levies – membership by title-deed recordal and consent – entry in members' register evidentiary not constitutive – exception for lack of cause of action; pleading standards and common-sense approach.
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20 November 2025 |
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Whether an alleged oral agreement is admissible despite an entire-agreement clause, given the written contract’s open-ended ambiguity.
Contract law – sale of business – exception to particulars of claim – admissibility of alleged subsequent or partly implemented oral agreement despite entire-agreement and non-variation clauses – ambiguity between contract clauses permitting further agreement and a clause purporting to exclude items not listed on annexure – accounting/adjustment mechanisms.
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20 November 2025 |
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An open-ended written sale agreement and contradictory clauses mean alleged oral supplementary agreements and conduct cannot be struck out on exception.
Contract law – exception to particulars of claim – parol evidence/whole-agreement clause – agreement to agree – alleged oral supplemental agreement and partial performance – contradiction between contractual clauses – role of expert accountant – pleading sufficiency on exception.
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20 November 2025 |
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Appellate court found refusal of bail unreasonable; granted bail subject to conditions, rejecting speculative findings of flight risk and witness intimidation.
Criminal procedure – Bail appeal – Schedule 5 offence – Standard of review on appeal against refusal of bail – Flight risk – Use of pending charges as predictive evidence – Weight to be given to investigating officer's evidence and prior bail compliance – Conditions to secure attendance and prevent interference with witnesses.
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20 November 2025 |
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Whether the applicant proved a head injury and whether a R500,000 general damages award was justified.
Road Accident Fund — general damages — proof of head injury — admissibility and evidential weight of hospital records and expert reports without affidavit — apportionment of liability — costs discretion — arithmetic error not corrected absent cross-appeal.
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20 November 2025 |
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Court granted condonation, reinstated appeal and set aside malicious prosecution judgment for lack of reasonable and probable cause and malice.
Malicious prosecution — whether prosecution lacked reasonable and probable cause and was instituted with malice; condonation for late prosecution — factors, explanation for delay, bona fides, prejudice and prospects of success; objective test for reasonable and probable cause; prosecutorial discretion and differing professional opinions; costs — attorney and client for condonation application.
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20 November 2025 |
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Summary judgment granted for repossession where defendant defaulted and failed to raise a bona fide triable defence.
Civil procedure – Summary judgment – Defendant must fully disclose nature, grounds and material facts of defence in plea and opposing affidavit; bald or unpleaded defences insufficient. Consumer credit/National Credit Act – Notice and cancellation – Creditor entitled to cancel and repossess where debtor in default and fails to remedy after s 129/130 notice. Evidence – Payments made after issue of summons or cancellation do not ordinarily defeat creditor's right to cancellation or repossession. Pleadings – New defences raised in affidavit must be pleaded (amend plea) to be considered in summary-judgment proceedings.
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20 November 2025 |
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A defective s129 NCA notice specifying the wrong arrears defeats the applicant’s summary judgment application; later correction cannot cure it.
National Credit Act – s129 notice of default must specify amount in arrears; defective s129 notice defeats summary judgment; corrected notice delivered after commencement cannot cure defective cause of action; s130(4) empowers court to adjourn/stay and direct steps to cure non‑compliance.
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20 November 2025 |
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Head injury not proven for lack of sworn evidence; R500,000 general damages (pre-apportionment) upheld and appeal dismissed.
• Personal injury – general damages – assessment where liability partly admitted; admissibility and evidential value of hospital records and expert reports without affidavits (Rule 38(2)); proof required for head injury and its consequences. • Apportionment of damages – agreed 20% against claimant and arithmetic error noted but not challenged. • Costs – trial judge’s discretion on scale of costs; non-opposition to appeal and costs consequences.
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20 November 2025 |
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Section 37D withholding: fund reversed withholding without hearing; interim interdict confirmed to preserve employer’s remedy.
Pension funds – section 37D(1)(b)(ii) – employer’s right to seek deduction/withholding of member’s benefit pending determination of liability; Fund discretion – reasonable exercise and audi alteram partem; Interim interdict – prima facie right and balance of convenience; Admissibility – limited admission of late supplementary affidavit.
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20 November 2025 |
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Leave to appeal granted under s 17 where respondent showed realistic prospects of success under the heightened statutory test.
Civil procedure – leave to appeal – s 17(1)(a)(i) and (ii) Superior Courts Act 10 of 2013 – ‘‘reasonable prospects of success’’ test – heightened threshold. Arbitration – making arbitral award order of court – limits on judicial interference – s 33(1) Arbitration Act 42 of 1965. Contract – dispute whether contract terminated by effluxion of time; entitlement to continue and practical completion date. Public policy and constitutional obligations – contention that enforcement of award would be contrary to public policy. Referral back to arbitration – Telcordia Technologies principle applied.
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20 November 2025 |
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Whether monthly R20,000 payments were salary or loans — court held respondents failed to prove a loan.
Payment characterisation – salary v loan – relevance of contemporaneous communications and bank references; burden on claimant to prove loan. Credibility – appellate interference where trial credibility findings are plainly wrong. Companies Act s45 – requirements and solvency/liquidity tests for loans to directors. Probabilities and documentary evidence in resolving mutually destructive versions.
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20 November 2025 |
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Rescission granted where defendant showed reasonable default explanation and bona fide, prima facie triable defences (s129 NCA and prescription).
Practice & procedure – rescission of default judgment – Uniform Rule 31(2)(b) and common law – requirements: reasonable explanation, bona fides, prima facie defence. National Credit Act 34 of 2005 – section 129 notice – non-compliance may render summons premature/irregular. Prescription – whether claim prescribed and whether subsequent payment interrupted prescription – triable issue. Condonation – late filing of rescission application – reasonable explanation and not excessive delay. Costs – rescission costs to be in course of main action.
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19 November 2025 |
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A solvent trust with no creditors cannot be voluntarily surrendered; sequestration must advantage creditors.
Insolvency law – Voluntary surrender – jurisdictional requirements: insolvency and advantage to creditors mandatory. Trust law – Sequestration not a vehicle to terminate a solvent trust or to avoid administrative/governance burdens. Trust Property Control Act – proper remedies for trustee vacancies and administrative difficulties (Master appointments; court directions).
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19 November 2025 |
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Urgent stay of execution of vehicle repossession refused; applicant lacked a clear right and balance of convenience favoured respondent.
Stay of execution – rescission pending – instalment sale/ownership – applicant in persistent default – balance of convenience – National Credit Act compliance alleged but not determinative – costs on Scale A.
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19 November 2025 |
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Court granted interim interdicts preserving estate property pending a disputed will’s determination and referred attorney conduct to the Legal Practice Council.
• Urgent application — condonation of non-compliance with rules and urgent enrolment
• Interim interdict — requirements (prima facie right, irreparable harm, balance of convenience, no alternative remedy)
• Estate litigation — preservation of immovable property pending resolution of competing wills
• Professional conduct — referral of attorney for appearing unrobed and causing delay to Legal Practice Council (s 55, Legal Practice Act)
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19 November 2025 |
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Statutory demand was not properly served; applicant failed to prove debt or inability to pay; winding up dismissed with punitive costs.
Companies – Winding up – statutory demand – demand must be left at company’s registered address to trigger s345(1)(a)(i) deeming; failure to prove underlying contractual debt where applicant cannot rely on deeming; inability to pay under s344(1)(c) requires proof; just and equitable winding up requires more than speculative inquiry; abuse of process and punitive costs where applicant fails to prosecute.
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19 November 2025 |
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Under PIE, foreign-notarised affidavits that only authenticate signatures were insufficient and the eviction application was dismissed for lack of relevant evidence; applicants ordered to pay costs.
Property law/PIE — Eviction proceedings; Formal requirements of affidavits notarised abroad; Late supplementary affidavits and cure of defects; Refusal of exceptional verification (oral evidence) in ordinary opposed motion court; Requirement to plead all relevant circumstances in family eviction disputes; Costs despite pro bono representation.
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19 November 2025 |
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Nulla bona return established insolvency; unsupported estate‑sale claims and non‑compliance led to final sequestration.
Insolvency – sequestration – nulla bona return as act of insolvency – advantage to creditors – reasonable prospect sufficient – unsupported reliance on proceeds of deceased estates irrelevant – failure to file court‑directed supplementary affidavit permits adverse inference.
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19 November 2025 |
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Provisional sequestration where judgment debt unpaid, sheriff’s attachment insufficient and prospect exists of assets to benefit creditors.
Insolvency – provisional sequestration – s 8(b) Insolvency Act – attachment of some movable property insufficient to satisfy judgment does not negate an act of insolvency; res judicata – arbitration settlement and court order preclude relitigation of NCA defences; advantage to creditors – need only a prospect not too remote that investigation may unearth assets (Hawker Aviation).
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19 November 2025 |
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Court implements jointly appointed social worker’s recommendations: shared residence for one child, primary residence and bonding therapy for the other; respondent pays maintenance and initial legal costs.
Children — Best interests principle — Weight to be given to jointly appointed social worker’s report and psychometric testing; Interim residence — primary care for one minor pending bonding therapy, shared residency for another; Parenting co‑ordinator — appointment, mandate to mediate and issue binding recommendations subject to court review; Therapeutic interventions — continuation of existing therapists, bonding therapy, parental individual therapy; Maintenance pendente lite — respondent ordered to pay specified household, schooling, medical and tertiary expenses; Contribution to legal costs — initial contribution ordered, certain items disallowed.
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18 November 2025 |
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Presumption of unlawfulness shifts burden to State; R7,667 awarded for same‑day unlawful arrest and detention.
Unlawful arrest and detention – presumption of unlawfulness – burden shifts to State to justify arrest – failure to rebut – quantum of solatium for short detention – costs follow result.
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18 November 2025 |
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Urgent application dismissed for lack of urgency, unsworn founding affidavit, lis pendens, non-joinder and improper monetary claims.
Civil procedure – Urgency – requirement to show inability to obtain substantial redress later; Lis pendens – effect of pending related proceedings; Founding affidavit – must be sworn/affirmed under Rule 6; Non-joinder – separate legal entities must be joined; Procedure – monetary, unliquidated claims to be pursued by action, not application.
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18 November 2025 |
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Urgent application dismissed for lack of urgency, unsworn affidavit, non-joinder and improper procedure for monetary claims.
Urgency — lis alibi pendens — Uniform Rule 6 (founding affidavit must be sworn/affirmed) — Non-joinder of interested legal persons — Improper use of application proceedings for unliquidated monetary claims — Costs on Scale A.
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18 November 2025 |
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Default judgment: respondent failed to justify arrest; brief same-day unlawful detention awarded R7,667 damages.
Unlawful arrest and detention – presumption of unlawfulness – onus on state to justify arrest – credibility and timing of detention – assessment of solatium damages – default appearance; costs follow result.
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18 November 2025 |
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Whether a provisional sale under Rule 46A is binding and who may seek cancellation after debtor's sequestration.
Rule 46A — execution against residential property — reserve price not achieved; provisional acceptance of highest bid subject to court confirmation; suspensive condition in sale in execution; effect of sequestration on locus standi and vesting of property; trustee’s election to confirm or repudiate; sheriff’s report and court’s reconsideration under Rule 46A(9).
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18 November 2025 |
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Ambiguous Acknowledgement of Debt creates triable issue; summary judgment dismissed and defendant granted leave to defend.
Civil procedure – Summary judgment – Rule 32 – Acknowledgement of Debt with ambiguous drafting and pronouns – meaning to be ascertained by text, context and purpose (Endumeni triad) – extrinsic evidence admissible to resolve ambiguity – triable issue raised – leave to defend granted.
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18 November 2025 |
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Seller validly cancelled for purchaser’s non‑provision of guarantee; deposit forfeiture not reduced under section 3.
Contract interpretation – remedial clauses – "timeously" construed with reference to fixed remedial period in clause 15.1; commercial certainty emphasised. Contractual cancellation – buyer’s failure to furnish bank guarantee within stipulated notice period justified lawful cancellation; not repudiation. Conventional Penalties Act s3 – court may reduce a contractual penalty only if forfeiture is disproportionate to prejudice; broad conception of "prejudice" includes lost opportunities and holding costs. Motion procedure – debtor may advance section 3 relief in the alternative without conceding breach, provided factual pleadings are not mutually destructive.
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18 November 2025 |
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The applicant successfully challenged a municipal tender awarded on vague negotiated price-reduction grounds; award and contract set aside.
Procurement law – municipal tender – exclusion for failure to produce SARS statement – lawful where municipality reasonably concerned about compliance and ability to perform. Procurement policy – audited financial statements – requirement applies only where bidder is "required by law" to be audited; affidavit evidence answering motion must be accepted. Tender award conditional on negotiation to reduce price – condition meaning actual price reduction or enhanced deliverables; failure to fulfil condition renders award irregular and open-ended. Remedy – review and set aside award and service agreement from inception; allow fresh tender and interim emergency fair, transparent contracting. Costs – successful challenger awarded costs, including senior counsel; Scale C.
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17 November 2025 |
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A respondent’s subjective belief or acrimony do not justify refusal to participate in mandatory court‑annexed mediation.
Civil procedure – court‑annexed mediation – Uniform Rule 41A – Gauteng Mediation Directive and Protocol; grounds for refusing mediation; irregular Rule 41A notices under para 4.7; mediator’s facilitative role; court’s power to compel cooperation and delivery of amplified Rule 41A notice; costs order – each party to bear own costs.
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17 November 2025 |
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Interim maintenance ordered from accessible severance/pension funds; unemployment does not negate parental support obligation.
Family law – Maintenance pendente lite – Means include accessible capital (severance, pension) – Inroads into capital justified where income insufficient – Unemployment does not absolve support duty – Best interests of the child paramount.
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17 November 2025 |
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Summary judgment refused where respondents raised genuine disputes of fact about alleged misappropriation; punitive costs awarded to respondents.
Procedure — Summary judgment — Rule 32 — Competence of declaratory and broad damages claims in summary judgment; genuine disputes of fact requiring referral to trial; fiduciary duty/misappropriation allegations against liquidators and attorneys; costs — punitive/attorney-and-client costs.
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17 November 2025 |
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Summary judgment refused where genuine triable disputes existed on misappropriation, delict and inducement; punitive costs awarded.
Civil procedure — Summary judgment (Rule 32) — limits on competent relief — declaratory and damages claims not generally appropriate in summary process; triable disputes of fact on misappropriation, delict and inducement require oral evidence — summary judgment refused. Costs — punitive award on attorney-and-client scale including counsel costs (scale B).
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17 November 2025 |
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A Rule 23(1)(a) notice is not a pleading; applicants were barred for failing to deliver a proper plea or exception.
Civil procedure – Rule 23 exceptions – distinction between Rule 23(1)(a) notice and a formal exception; Rule 26 notice of bar – requirement to deliver a pleading (plea or exception) to avoid bar; condonation – lack of prospects fatal; Rule 18(10) on particulars of quantum; derivative action and mandament van spolie issues.
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17 November 2025 |
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Rescission and condonation refused where domicilium service effective and alleged insurance defence unsubstantiated.
Civil procedure – Rescission of default judgment – Common‑law requirements: reasonable explanation for default and bona fide defence with prospects of success; service at chosen domicilium effective irrespective of actual notice; insurance claim or alleged misrepresentation do not, without evidence, constitute a defence to cancellation for non‑payment; condonation requires adequate explanation and prospects of success.
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17 November 2025 |
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Applicant failed to prove a real right or particularised fraud to set aside a registered municipal land transfer.
Property law – Acquisition of ownership by registration – Documents evidencing municipal allocation (permit, building plans, call-in notice) do not automatically create a real right; at best they confer personal rights against the municipality. Fraud allegations – must be clear and particularised to impugn registered transfer. Deeds registry – bona fide registered title not displaced by unparticularised or inferential allegations. Judicial relief – courts will not compel municipality to accept property or force attendance at administrative inquiries absent legal authority.
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17 November 2025 |
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Exception dismissed: particulars disclose causes of action for enforcement of arbitration order and damages for alleged directors' asset diversion.
Civil procedure – Exception under Rule 23 – Test whether on every reasonable interpretation no cause of action is disclosed – Distinction between facta probanda and facta probantia – Arbitration award made court order – Directors’ alleged asset diversion and fiduciary/statutory breaches – Claim for damages and enforcement against related entity.
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17 November 2025 |
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Applicants’ exception dismissed: respondent’s particulars disclose causes of action despite absence of debatement.
Arbitration award and debatement – Exception – Whether particulars disclose cause of action – Facta probanda v facta probantia – Directors’ fiduciary duties and statutory liability (Companies Act ss 22(1), 76, 77, 218(2); s424 of 1973 Act) – Exception dismissed.
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17 November 2025 |
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Reliance on an unsigned merchant agreement defeats condictio sine causa and condictio indebiti claims; particulars excipiable.
Unjustified enrichment — condictio sine causa and condictio indebiti; signature requirement for contract commencement; entire-agreement and non-variation clauses bar tacit variation; excipiable pleadings where causa and impoverishment not properly pleaded; failure to comply with contractual domicilium/notice renders summons premature.
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17 November 2025 |
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Execution against a residential property authorised where Rule 46A compliance and proportionality concerns are not established by the debtor.
Civil procedure – Execution against immovable property – Rules 46 and 46A – valuation, reserve price and disclosure requirements. Constitutional law – s 26 – execution against primary residence – proportionality and hardship assessment. Res judicata / finality – merits of a final judgment may not be relitigated at execution stage. Professional discipline – SACAP findings do not nullify or discharge a civil judgment debt. Practice – postponement to obtain new counsel refused for lack of good cause.
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17 November 2025 |
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Commercial tenant’s non-payment did not prevent eviction where lease excluded set-off and was validly cancelled.
Lease – commercial tenancy – cancellation valid where notice of breach and cancellation given; express clause requiring rent payable in advance free of deduction/set-off precludes exceptio non adimpleti contractus; tenant’s allegations of defects/contamination do not suspend rent where lease excludes warranty of fitness; PIE Act inapplicable to commercial premises; eviction and attorney-and-client costs granted.
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17 November 2025 |
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A review alleging gross irregularity fails where the arbitrator’s unchallenged finding that the claimant failed to discharge the onus stands.
Arbitration — Review under s 33(1) Arbitration Act — narrow scope; court examines procedural fairness, excess of powers, not merits. Contract — clause 3.9.2 time bar — claimant bears onus to plead and prove timely submission. Pleadings and evidence — arbitrator may not decide on issues not in pleadings; failure to challenge a primary onus‑based finding insulates award from review. Rule in Browne v Dunn — right to have contradictory version put to witnesses; relevance where issue is central to outcome. Civil procedure — condonation for late affidavits granted where prejudice is minimal and finality important.
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17 November 2025 |
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Applicant proved prima facie commercial insolvency; provisional liquidation granted despite respondent's procedural and factual objections.
Companies Act – provisional winding-up – sections 344(f) and 345 – proof of commercial insolvency (inability to pay debts when due) sufficient for provisional relief. Civil procedure – affidavits – hearsay and personal knowledge – confirmatory affidavit may cure defects and corroborate founding affidavit. Company law – locus standi, deponent authority and attorney’s authority – distinct concepts; Rule 7 required to challenge attorney’s authority. Motion proceedings – disputes of fact and bona fide defence – internal director disputes do not necessarily defeat winding-up application on affidavit evidence.
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14 November 2025 |
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Whether clause requiring agreement on invoice values makes applicant's fee claim an unenforceable agreement to agree.
Contract law – agreement to agree; contractual interpretation – Endumeni principles and businesslike construction; exceptions – cause of action and suitability for exception; dispute-resolution and deadlock-breaking mechanisms; severance clause and enforceability; evidential role of context and post-contractual conduct.
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14 November 2025 |