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Citation
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Judgment date
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| March 2025 |
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Condonation granted but leave to appeal refused; occupant’s claimed indefinite right of occupation rejected and eviction ordered by 30 April 2025.
Civil procedure – leave to appeal – whether reasonable prospects of success required for leave to appeal; condonation for late filing granted despite lack of prospects.* Property/Trusts – interpretation of will and Trust Deed – occupant’s right preserved subject to existing lease; will does not confer indefinite, nominal-rent occupation until "economic independence".* Eviction – PIE Act considerations – court set a vacatur date and authorized sheriff-assisted removal thereafter.* Advocacy – effect of counsel’s oral concessions – concession did not determine outcome and did not afford the applicant prospects of success.* Costs – punitive and de bonis propriis orders considered but not made; costs awarded to Trustees for leave application.
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31 March 2025 |
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Leave to appeal refused: no reasonable prospects or exceptional circumstances for a costs-only appeal.
Procedural law – Superior Courts Act s17(1): leave to appeal requires reasonable prospects of success or compelling reasons. Procedural law – Superior Courts Act s16(2): limits on costs-only appeals absent exceptional circumstances. Civil procedure – Rule 41(1): withdrawal of proceedings after matter set down requires consent or leave; court may hear costs argument. Costs – where complexity and improper conduct justify costs on scale C.
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31 March 2025 |
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Plaintiff's particulars were excipiable for vagueness and conflation of causes; amendment required or pleadings struck out.
Pleadings — vagueness and embarrassment — particulars must disclose clear cause of action; Defamation (actio iniuriarum) distinguished from negligence and dignity/privacy claims; Repeat broadcasts — incorporation and whether fresh delicts pleaded; Patrimonial loss in defamatory publications — falsity and knowledge required (injurious falsehood principles); Interest on unliquidated damages — date must be pleaded; Condonation for late exception; Rule 30 — setting aside irregular step where no prejudice shown refused.
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28 March 2025 |
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Applicant awarded R3,636,998 for loss of earning capacity from severe brain injury; RAF to pay and issue s17 undertaking.
• Road Accident Fund – loss of earning capacity – severe brain injury with cognitive deficits – practical unemployability and premature cessation of service
• Procedure – expert evidence by affidavit (Rule 38(2)) accepted to establish quantum
• Actuarial computation – application of contingencies and discounting to past and future loss
• Road Accident Fund Act – obligation to issue s17(4)(a) undertaking
• Costs – taxable party-and-party costs including expert preparation and advocate day fees
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28 March 2025 |
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Title deed challenge dismissed due to failure to pursue appropriate judicial review under the Conversion Act.
Property law – Conversion of leasehold to ownership – Administrative decisions under the Conversion Act – Requirement for judicial review.
Family law – Inheritance – Disputes over intestate succession – Procedural requirements for contesting property transfers.
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28 March 2025 |
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Initial non‑compliance with Practice Directive formalities did not render the appeal fatally lapsed; interlocutory application dismissed.
Appeal procedure – Rule 49(6)(a) automatic lapsing if no set down within 60 days – distinction from Rule 49(7) single‑judge powers; Practice Directive – Court Online filing and formal defects – non‑compliance curable and not automatically fatal; single‑judge intervention only for clear, irreparable failure to prosecute; reinstatement and condonation matters for the appeal court.
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28 March 2025 |
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Applicants entitled to interim interdictative relief where prima facie evidence links a serving police officer to persistent death threats.
Police misconduct – harassment and threats by serving officer – prima facie link via SIM registration and identifying messages – urgency and reasonable apprehension of harm – interim interdict against officer and State – joinder of police officer as party.
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28 March 2025 |
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Leave to appeal refused: interim order not final and no interests-of-justice basis to permit appeal.
Interim interdicts — appealability of interim orders; exceptions where order is final in effect or interests of justice; status quo pending review; factual findings on licence existence; interference with statutory functions; costs and public-interest costs shield.
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28 March 2025 |
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Plaintiff failed to prove motor-vehicle causation; his affidavit and testimony were inconsistent and highly improbable.
Evidence — credibility and probabilities — plaintiff’s affidavit and oral testimony inconsistent with Officer’s Accident Report and scene photographs; causation not established; default proceedings do not relieve plaintiff of proving causal link between alleged motor vehicle collision and injury.
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28 March 2025 |
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Appellant found to have acted in common purpose to rob and murder; incapacity defence rejected; appeal dismissed.
Criminal law – Common purpose – active association and imputation of lethal result; evidence of presence, participation and lack of dissociation. Criminal law – Temporary non‑pathological incapacity – burden to raise at trial; drug intoxication rejected where record shows lucidity. Murder – premeditation/plan established by reconnaissance, communication and sequence of acts. Circumstantial evidence – holistic assessment and permissible inferences.
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28 March 2025 |
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Court found substantial and compelling circumstances and imposed 15 years (5 suspended) instead of prescribed life imprisonment.
Criminal law – Rape (digital penetration) of a young child – Minimum Sentences Act s51(1) life sentence – s51(3) substantial and compelling circumstances – proportionality – factors: advanced age, first offender, lengthy pre-trial custody, abuse of trust, multiple incidents, limited physical injury.
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28 March 2025 |
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Applicant failed to prove a valid customary marriage; genuine factual disputes and absence of customary‑law evidence defeated the claim.
Customary marriages – s 3(1) RCMA – requirements: capacity, consent, negotiation and celebration under customary law. Evidence – onus to prove customary-law tenets; judicial notice limited; expert/elder evidence often necessary. Civil procedure – motion proceedings and Plascon‑Evans: genuine, supported disputes of fact preclude granting relief on applicant's version. Registration – s 4 RCMA prescribes registration within three months; unexplained delay and timing of application relevant to credibility and bona fides. Lobola and rituals – consensus on lobola, payment, ceremonies, handing‑over and cohabitation are relevant but assessed holistically.
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28 March 2025 |
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Interim interdict refused where disqualification for invalid COIDA certificate and learners' interests outweigh applicant's asserted prima facie right.
Administrative law – procurement – mandatory tender requirements – disqualification for invalid COIDA certificate; interim interdict – prima facie right, irreparable harm, balance of convenience – best interests of children and continuity of NSNP prevail; amendment of urgent relief – refused where it materially alters respondents' case and causes prejudice.
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28 March 2025 |
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Leave to appeal refused where applicants failed to show another court would likely reach a different conclusion.
Civil procedure – Leave to appeal – Superior Courts Act s17(1)(a) – heightened threshold requiring that another court would likely differ. Evidence – Dispute of fact – reliance on agreed certificate of balance; when oral evidence is unnecessary. Contract/suretyship – Deed of surety – renunciation of common-law benefits (benefit of excussion/excursion) – enforceability and fairness challenges.
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27 March 2025 |
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Reported
Court declares provincial health respondents' failure to address radiation oncology backlog unlawful and orders urgency, reporting and remedial steps.
Constitutional law – right of access to health care (s27) – state obligations (s7(2)) and public administration values (s195); administrative law – legality, procedural fairness and procurement – use of tender process versus lawful deviation (Treasury Regulation 16A6.4) in urgent health‑service procurement; interim relief and structural interdicts – declarator, mandatory relief and reporting obligations; POPIA/National Health Act – scope for disclosure of health records in litigation and for lawful processing.
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27 March 2025 |
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Challenge to authority must follow Rule 7; Rule 42 variation refused absent patent error or common mistake.
Civil procedure – challenge to authority – Rule 7(1) Uniform Rules of Court; evidentiary weight of affidavits – deponents lacking firsthand knowledge; disputes of fact on papers; Rule 42 variation – patent error or common mistake required; in duplum rule applies to judgment debt.
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27 March 2025 |
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Urgent application was an abuse of process; attorney’s conduct warranted costs de bonis propriis on an attorney-and-client scale.
Civil procedure – Urgent applications – High Court Rule 6(12) – applicant must establish genuine urgency; abuse of urgent roll attracts punitive costs. Legal ethics – Attorney misconduct – gross negligence, bad faith or reckless conduct may justify costs de bonis propriis. Costs – punitive orders de bonis propriis and attorney-and-client scale where practitioner’s conduct materially deviates from expected standards. Children’s Act considerations – serious allegations involving minors must be treated with care when invoking urgency.
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27 March 2025 |
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27 March 2025 |
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Court uplifted notice of bar and granted condonation for a one‑day late plea in the interests of justice, with attorney‑and‑client costs.
Civil procedure – Rule 27 – removal of bar and condonation for late filing – applicant must show satisfactory explanation for delay and a bona fide defence – court exercises wide discretion in interests of justice – upliftment of bar and attorney-and-client costs.
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27 March 2025 |
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Liability separated from quantum; plaintiff found contributorily negligent and awarded 80% recovery, costs to plaintiff.
Civil procedure – Rule 38(2) – interlocutory application granted. Civil procedure – Rule 33(4) – separation of liability and quantum; quantum postponed sine die. Road Accident – pedestrian struck by trailer – contributory negligence found. Apportionment – damages apportioned 80% to plaintiff, 20% contribution by plaintiff. Costs – successful plaintiff awarded costs; counsel's fees on Scale B (25th and 27th March).
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27 March 2025 |
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Court validates 2019 management rule amendments by developer, asserting compliance with statutory rights and obligations.
Sectional Titles Act – Developer's right to amend management rules – Requirements for unanimous resolutions and consent – Validity of management rule amendments.
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26 March 2025 |
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Applicant not entitled to mandamus enforcing right of first refusal; lease terminates and eviction ordered if not vacated by 31 March 2025.
Property/contract – right of first refusal – clause obliges lessor only to present proposed new lease if it intends to re‑lease and does not compel re‑letting; Contract interpretation – Endumeni principles applied; Civil procedure – mandamus not competent to force entry into a new lease; Eviction – declaratory termination and eviction relief granted where right of first refusal not triggered.
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26 March 2025 |
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Default judgment rescinded where service by affixing at an outdated vacant domicilium was ineffective, breaching audi alteram partem.
Service of process — affixing at chosen domicilium — where premises vacant and domicilium not proven, service ineffective; Practice Manual and Uniform Rules non-compliance (original domicilium document, notice of set-down) — irregularity/erroneously granted default judgment — rescission under Rule 42(1)(a) — audi alteram partem and fair hearing implications.
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26 March 2025 |
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Whether the applicant’s traumatic injuries justify quantified future loss of earnings and an actuarial RAF award despite limited scholastic records.
• Road Accident Fund – loss of earnings – proof and quantification of diminished earning capacity after severe traumatic brain and orthopaedic injuries.
• Admissibility and weight of multidisciplinary expert evidence (neuroscience, neuropsychology, educational/industrial psychology, occupational therapy and actuarial valuation).
• Application of actuarial methodology and appropriate contingency deductions in future loss calculations.
• Effect of Road Accident Fund statutory annual cap on capitalized loss awards.
• Order for Section 17(4)(a) undertaking and costs including expert and counsel fees.
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26 March 2025 |
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Arrest and detention lawful where police reasonably suspected the applicant of tampering with essential infrastructure despite later s174 discharge.
Criminal procedure – s 40(1)(b) CPA – warrantless arrest justified where reasonable suspicion of a Schedule 1 offence; Criminal Matters Amendment Act s 3 – tampering with essential infrastructure; Section 174 discharge does not necessarily render prior arrest unlawful; Civil evidentiary approach – resolving mutually destructive versions by assessing probabilities and credibility.
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26 March 2025 |
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Appellate court reduced a prescribed-minimum sentence after finding substantial and compelling mitigating circumstances, including lengthy pre-trial detention.
Criminal law – sentencing – prescribed minimum sentence (Criminal Law Amendment Act Part III Schedule 2) – when substantial and compelling circumstances justify deviation. Sentencing – appellate interference – material misdirection and ‘disturbingly inappropriate’ test. Sentencing – relevance of pre-trial detention – period in custody to be considered in assessing proportionality. Mitigation – guilty plea, remorse, apology, intoxication and provocation, and status as sole breadwinner as potential mitigating factors.
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26 March 2025 |
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Accused convicted of murder, housebreaking and robbery based on corroborated eyewitness, recovery and authentic video evidence.
Criminal law – murder, housebreaking and robbery – direct and circumstantial evidence – video footage authenticity and admissibility – pointing-out admissible – recovery of stolen property – common purpose and dolus eventualis – medical causation of death.
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26 March 2025 |
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Insufficient proof that the offence was committed while on bail; interests of justice favour granting bail.
Criminal procedure – Bail appeal under s65 CPA – appellate review limited to whether lower court was wrong. Bail – application of s60 checklist (ss 3–9, 5) – interests of justice vs liberty interest. Schedule classification – No proof offence committed while on bail; Schedule 5 and s60(11)(b) inapplicable. Disclosure – State must furnish sufficient charge particulars and timelines for fair bail determination. Onus – where Schedule 1 applies, ordinary s60 weighing applies; State failed to discharge evidential burden to justify detention.
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26 March 2025 |
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A Master's unilateral cancellation of the applicant's letters of executorship is invalid absent court review; the letters remain in force.
Administration of estates – Letters of executorship – Granting of letters is administrative action subject to PAJA; Review – Section 95 of Administration of Estates Act records right of review, exercised under PAJA/common law; Validity of administrative acts – An executor's letters remain in force until set aside by a court; Procedural fairness – Master must provide reasons/affidavit where action affects executorship.
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26 March 2025 |
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A lease by a non-owner does not bind the true owner absent ratification or a valid transfer.
Deeds registration – negative system – registration not conclusive of title; unlawful transfer set aside under s 6 Deeds Registries Act; huur gaat voor koop inapplicable where no valid transfer; true owner not bound by lease made by non-owner absent ratification; occupier’s remedies lie in estoppel or delict.
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26 March 2025 |
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The respondent must repay a R500 000 sign‑on bonus; misrepresentation and repudiation defences failed.
Contract law – employment – repayment of sign‑on bonus; misrepresentation and non‑disclosure – requirements and onus; repudiation – reporting‑line change not automatically repudiatory; foreign company as juristic person competent to contract in South Africa; Labour Court jurisdiction point abandoned.
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26 March 2025 |
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Dispute over board member termination moot, as directors' terms expired, deferring membership validity for joint hearing.
Company Law – Director removal – suspension and termination lawfulness – procedural non-compliance with Companies Act – mootness due to term expiration.
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25 March 2025 |
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Refusal to grant default judgment is interlocutory and not appealable; leave to appeal refused, plaintiff may re-enrol with a proper application.
Civil procedure – Default judgment – Refusal to grant default judgment – Interlocutory nature and non‑appealability. Appeals – Leave to appeal – s17(1) Superior Courts Act – reasonable prospects of success test. Civil procedure – Rule 31 and Practice Directive – proper service and Caselines requirements for default judgment applications.
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25 March 2025 |
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Applicant failed to prove shareholder or beneficial interest; director appointments upheld and interim interdict denied.
Companies Act — share issuance and registration — whether contractual agreements conferred shareholder status or beneficial interest — beneficial interest vs beneficial ownership — directors’ removal and appointment — section 38, 56, 61, 68 and 71 — unanimous assent and written polling — interim interdictory relief requirements.
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25 March 2025 |
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Appellant's dangerous lane‑splitting and speeding constituted sole negligence; claim dismissed and appeal dismissed.
Road Accident Fund – causation and contributory negligence – lane-splitting and excessive speed by motorcyclist – application of Kruger v Coetzee – Apportionment of Damages Act – breach of National Road Traffic Regulations 296 and 298 – sole negligence of claimant.
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25 March 2025 |
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Whether the applicant’s replication was timeously filed — time runs from dismissal of the exception, not from service of the plea.
Civil procedure — Pleadings — Exception to plea — Effect of exception on obligation to plead — Interaction between Rule 23(4) and Rule 25(1) — Timing for filing a replication — Irregular steps (Rule 30/30A) — Requirement of real and substantive prejudice to set aside procedural irregularity — Costs including counsel on scale A.
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25 March 2025 |
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Rule 35(14) permits document requests post-pleading if reasonably required for action, allowing pre-trial issue clarification.
Civil procedure – Rule 35(14) discovery after pleading – Interpretation of 'reasonably required' for amending pleadings.
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25 March 2025 |
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Court interdicted payment of 50% of a spouse’s pension pending divorce to protect matrimonial property rights.
Urgent interim interdict; marriage in community of property; pension benefits as matrimonial asset (s7(7) Divorce Act); prima facie right for interim relief; balance of convenience; condonation of rule non‑compliance; punitive costs (attorney-and-client).
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25 March 2025 |
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Condonation granted but rescission of a clear default judgment dismissed; no ambiguity or patent error found, costs awarded scale B.
Civil procedure – Rescission of default judgment – Rule 42(1)(a) inapplicable where defendant was represented; Rule 42(1)(b) requires ambiguity, patent error or omission attributable to the court; condonation discretionary and granted in the interests of justice; costs on party-and-party scale (scale B).
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25 March 2025 |
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Reported
Court refused to strike out reply, ordered extensive discovery subject to a confidentiality regime and awarded costs to the plaintiff.
Civil procedure – discovery – Rule 35(3),(6) and (7) – whether application to compel is moot after party files answering discovery – strike-out of replying affidavit – prejudice and procedural formality versus substance – relevance determined with reference to pleadings – protective confidentiality regime for commercial rivals – production of drawings and mould-related communications – costs including two counsel on scale C.
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25 March 2025 |
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Contributory negligence found when plaintiff attempted to board a moving train, with damages reduced by 80%.
Negligence – Contributory negligence in rail transport – Liability for injuries due to train movement with doors open – Apportionment of damages.
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25 March 2025 |
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Only the contempt finding was final and appealable; leave to appeal was refused and the application dismissed with costs.
Civil procedure – Appealability – Zweni finality test remains applicable under the Superior Courts Act 10 of 2013 – orders must be final, definitive of rights and dispose of substantial relief to be appealable.* Contempt of court – finding of contempt may be appealable if final; interlocutory procedural referrals and invitations for representations are not appealable while further hearings are pending.* Piecemeal appeals discouraged – leave refused where appeal would prematurely disrupt ongoing proceedings.* Costs – unsuccessful application dismissed with costs, including costs of two counsel where applicable.
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24 March 2025 |
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Applicant failed to obtain interim reinstatement as executrix; post‑death CIPC membership registration set aside and held for the estate.
Interim interdict — requirements (prima facie right, irreparable harm, no alternative remedy, balance of convenience) — validity of post‑death company membership registrations — Master’s appointment of executor — Administration of Estates Act and procedures for removal of executors.
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24 March 2025 |
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Rule 43 relief dismissed: trust assets not actionable here and maintenance denied for material non‑disclosure.
Family law – Rule 43 urgent relief – claims against trust property; spousal maintenance pendente lite – requirement of full and frank disclosure (ubberrimae fidei) to establish need; claims in respect of trust assets require the trust to be joined; court’s discretion to condone late filings and to award costs.
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24 March 2025 |
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Court terminated trust under s 13 after co‑trustees’ prolonged non‑participation frustrated the trust's objects.
Trust law – Termination under s 13 Trust Property Control Act – Where deed provision requiring joint action by two trustee camps produces unforeseen consequence hampering trust objects – Founder’s lack of foresight required. Trust administration – Irretrievable breakdown/non‑participation by co‑trustees – When variation is impracticable and termination is appropriate. Procedure – Counter‑application for declaratory relief rendered moot by main relief; strike‑out for hearsay refused where deponent has requisite knowledge.
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24 March 2025 |
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Municipal disconnection was unlawful where the applicant paid 50% under an accepted arrangement and supply was cut without required notice.
Administrative law – municipal electricity disconnection – requirement for notice and compliance with municipal credit control policy and section 102(2) of the Municipal Systems Act. Interim interdict – requirements (prima facie/clear right, irreparable harm, no alternative remedy, balance of convenience) – established where municipality accepted payment arrangement but disconnected service without notice. Urgency – not self‑created where commercial accreditation and leases face imminent termination. Rule 6(5)(e) – leave to file supplementary affidavit granted where justified and not prejudicial. Mandament van spolie – not determinative where relief rests on statutory/regulatory non‑compliance rather than spoliation.
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24 March 2025 |
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Judgment rescinded due to non-service on the applicants, nullifying property execution order and reserving costs.
Civil Procedure – Rescission of judgment – Service of process – Execution against property – Rule 46A compliance – Debtor notice and judicial oversight requirements.
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24 March 2025 |
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Rescission of court order granted due to lack of personal service and intrinsic link between bond and money judgments.
Civil Procedure – Rescission of judgment – Personal service – Rule 46A proceedings – Onus on debtor to impeach sheriff’s return of service.
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24 March 2025 |
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Interlocutory discovery order and consequent default judgment rescinded for procedural irregularity and abuse of process.
• Civil procedure – rescission – Rule 42(1)(a): order granted in absence may be rescinded where procedural irregularity or material facts withheld.
• Discovery – Rule 35(1) & 35(7): premature discovery notices and the two‑step procedure for striking out defences.
• Practice directives/Practice Manual – compliance required; draft order must reflect served relief.
• Registrar default judgment – rescindable where it directly flows from an erroneous interlocutory order.
• Costs – attorney‑and‑client costs appropriate for abuse of process.
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24 March 2025 |
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Court granted summary judgment and provisional winding-up after finding a binding credit agreement, valid suretyship, and commercial insolvency.
Companies — Winding-up — s 344(f) read with s 345(1) — demand delivered and unpaid — commercial insolvency despite claimed assets; Contract — Credit application and standard trading terms — incorporation and enforceability; Suretyship — 'surety and co-principal debtor' label does not invalidate surety; Summary judgment — exclusion clauses precluding consequential damages; Intervention — leave to intervene where direct and substantial interest shown; Concursus creditorum — provisional winding-up precludes making private settlement an order of court.
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24 March 2025 |