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Citation
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Judgment date
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| May 2025 |
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A defendant may implead a co-party for contribution; the excipient's exception was dismissed with punitive costs.
Third-party procedure – Rule 13(8) joinder of parties already in main action; contribution claims between joint wrongdoers permissible; Rule 13(2) requirements for third-party notice; exceptions – threshold of no cause of action; costs – attorney-and-client costs for misconceived exception and unprepared counsel.
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30 May 2025 |
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Urgent review struck for want of urgency after applicant delayed nine months while operating under temporary liquor permits.
Administrative law – urgency – applicant trading for nine months under temporary liquor permits – delay defeats urgent review; Gauteng Liquor Act s30(3) – proximity to schools/churches (500m) as ground for refusal; legitimate expectation from temporary permits insufficient to justify urgency.
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30 May 2025 |
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A RAF claim whose three‑year prescription expires on a Sunday is validly lodged on the next court day.
Prescription — Road Accident Fund Act s 23(1) — three‑year period — calculation FILO — last day falling on Sunday or dies non extends to next working day (Masindi; Gabuza) — prescription a special plea with onus on respondent — interpretation consistent with s 34 right of access to courts and RAF’s protective objects.
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30 May 2025 |
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Court upheld the order recognizing customary marriage, dismissing rescission for non-joinder and lack of evidentiary support.
Customary Law - Validation of customary marriage - Procedural fairness - Non-joinder - Rescission of Court Order under Rule 42(1).
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30 May 2025 |
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Validity of oral termination of suretyship agreement determined via referral to oral evidence.
Contract law – Amendment and termination – Validity of oral termination of suretyship agreement – Referral to oral evidence for dispute resolution.
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30 May 2025 |
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Postponement denied; no substantial and compelling circumstances found; concurrent life sentences imposed.
Sentencing — Minimum sentences (Criminal Law Amendment Act s51(1)) — Substantial and compelling circumstances (S v Malgas) — Role and necessity of probation officer reports in sentencing — Relevance of youth and pre-trial detention to sentencing — Refusal of postponement for unsubstantiated expert evidence — Firearms unfitness (Firearms Control Act s103(1)).
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30 May 2025 |
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An organ of state’s internal consultation and administrative error do not constitute good cause to condone late appeal notice.
Rule 27(3) condonation — 'good cause' requires a full, reasonable explanation covering the entire delay; internal consultation, counsel unavailability, and administrative error do not automatically constitute good cause; heightened administrative accountability for organs of state; refusal of condonation precludes consideration of appeal merits.
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29 May 2025 |
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An applicant lacking a direct legal interest cannot intervene under Rule 12; constitutional complaints should proceed via Rule 16A or proper forum.
Rule 12 — intervention/joinder — requirement of direct and substantial legal interest; summary judgment — private contractual dispute; Rule 16A — amicus curiae for constitutional issues; challenge to monopoly of legal representation by unqualified persons; abuse of process and lack of genuine public‑interest motive.
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29 May 2025 |
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Leave to appeal refused where defence was struck out for unjustified non‑compliance with a court order.
Civil procedure – strike‑out sanction – non‑compliance with court order to file heads of argument – intention to amend pleadings does not suspend court order – requirement for affidavit explanation – limited scope for appellate interference with discretion.
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29 May 2025 |
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The appeal against the refusal of bail in a Schedule 6 offense was dismissed.
Criminal Procedure – bail application – Schedule 6 offense – exceptional circumstances under section 60(11)(a) of the Criminal Procedure Act 51 of 1977.
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28 May 2025 |
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Urgent application for property ownership lacks demonstrated urgency, struck from roll; applicant to pay costs.
Civil procedure – urgent application – evidence required to establish urgency – failure to prove urgency results in striking from roll.
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28 May 2025 |
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Respondent must pay applicant’s second demand because it failed to reject the non‑complying demand within URDG five days.
Banking / Guarantees – on‑demand guarantee incorporating URDG – guarantor must examine demands for compliance; URDG art 24(e),(f) – guarantor must reject non‑compliant demand within five business days or is precluded from later asserting non‑compliance; Demands – separate demands treated as distinct acts; Expiry – a demand made on stated expiry date is effective; Unconscionability – not a recognized ground to refuse an otherwise effective demand; Issue estoppel – equitable doctrine may not bar reopening of factual findings where unfair to do so.
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27 May 2025 |
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Robbery conviction affirmed; firearm-possession convictions overturned for inadmissible admission and insufficient proof of joint possession.
Criminal law – Identification evidence – requirements for reliable visual identification; Evidence – admissibility of admissions – right against self-incrimination and constitutional limitation; Firearms – joint possession doctrine – requirement to prove intention of group and actual detentor; Appeal – interference with trial court factual findings and sentencing discretion.
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27 May 2025 |
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Appeal dismissed: convictions for murder and robbery under common purpose upheld and life sentence confirmed.
Criminal law – s51 Criminal Law Amendment Act – prescribed minimum sentences; Circumstantial evidence – evaluation holistically; Common purpose doctrine – liability for lethal consequences of joint unlawful venture; Appeal – limits on interference with trial court’s sentencing discretion.
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27 May 2025 |
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Court orders immediate therapy for minor amid high-conflict divorce, prioritizing child's best interests over procedural norms.
Family Law – Rule 43(6) application – Variation of interim child residency and therapy order – Best interests of the child – Role of the Family Advocate – Therapeutic intervention in contested high-conflict divorces.
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27 May 2025 |
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Arrest without a warrant was unlawful where a warrant was feasible; prosecution was not malicious given reasonable grounds in the docket.
Criminal procedure – Arrest without warrant – Section 40(1)(b) CPA – Known fixed address and availability of warrant make arrest unnecessary; Malicious prosecution – reasonable and probable cause assessed by contents of docket (identification, supporting statements, J88) – subsequent exculpatory evidence does not retroactively render prosecution malicious; Damages – appellate restraint on varying trial court’s discretionary award for solatium.
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27 May 2025 |
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Unlawful arrest and detention found without reasonable suspicion; awarded R1.5 million damages for 16 months detention.
Unlawful arrest and detention - Reasonable suspicion not established - Failure to communicate withdrawal of charges - Damages awarded for rights violation.
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27 May 2025 |
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Appeal dismissed: trial court’s credibility findings upheld; convictions for kidnapping, contravention of protection order and rape sustained.
Criminal law – appeal against convictions for kidnapping, rape (with GBH) and contravention of protection order; evaluation of single-witness evidence; J88 medical report as corroboration; effect of alleged invitation on contravention of protection order; appellate review of trial court credibility findings.
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27 May 2025 |
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Application to compel pre-trial conference dismissed after respondent signed pre-trial minute; mediation ordered, costs each party.
Pre-trial procedure — Rule 37 compliance; service by email to previously provided address; State Attorney representative changes; alternative relief satisfied by signing of pre-trial minute; mediation ordered; costs — each party to pay own; Rule 30A not prerequisite to compel relief.
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27 May 2025 |
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Court stayed eviction for four months pending production of the hearing record to clarify alleged obligation to provide alternative accommodation.
Civil Procedure – Rule 45A – stay of execution pending resolution of disputed causa; Eviction law – whether written eviction order includes an obligation on municipality to provide alternate accommodation where not reflected in the order; Res judicata – prior order not an absolute bar to interim relief where injustice would result; Court powers – interim regulation of processes and disclosure of hearing record.
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27 May 2025 |
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Absolution granted due to the plaintiff's failure to prove negligence in a slip-and-fall case at a resort.
Delictual claim – negligence – premises liability – lack of evidence – absolution from the instance.
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26 May 2025 |
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RAF found 90% liable in collision case with 10% contributory negligence attributed to the plaintiff.
Road Accident Fund - negligence - contributory negligence - stationary vehicle on freeway - apportionment of liability
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26 May 2025 |
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Leave to appeal refused; sale agreement upheld, trustees’ resolution admissible in replying affidavit, proportionality to be decided on oral evidence.
Contract law – Alienation of Land Act s 2(1) – trustees' authority – attachment of resolution not always fatal to validity; Civil Procedure – Rule 6(5)(g) – court’s discretion to direct oral evidence mero motu where affidavits insufficient; Functus officio – interlocutory directions and case-management after judgment permissible; Conventional Penalties Act – referral to oral evidence to determine proportionality of forfeiture; Costs – exercise of discretion on scale.
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26 May 2025 |
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Provisional sequestration granted where enquiry may reveal recoverable assets despite apparent hopeless insolvency.
Insolvency — provisional sequestration — requirements: judgment debt, act of insolvency, and reason to believe sequestration will advantage creditors; advantage need only be a reasonable prospect that enquiry may reveal or recover assets; recent dispositions and conduct of debtor may justify sequestration.
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26 May 2025 |
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Separation under Rule 33(4) refused; discovery compelled and costs awarded after dismissal of separation application.
Interlocutory procedure – Rule 33(4) separation – whether a pleaded defence is dispositive and suitable for prior determination; avoidance of piecemeal litigation; Rule 35 discovery – compliance and enforcement; review of expert valuation – claim for setting aside NAV valuation.
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26 May 2025 |
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Urgent application for curator and administrator struck for want of urgency; applicants ordered to pay costs.
Urgency — Luna Meubel requirements; Body corporate disputes — whether internal discord and financial mismanagement constitute urgency; Interim relief — appointment of curator ad litem and provisional administrator; Self-created urgency — delay and planning undermining urgent relief; Costs — successful respondents awarded costs on Scale B.
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26 May 2025 |
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Court orders first and second respondents to pay adjusted debt under suretyship agreements, considering liquidation payments.
Contract Law - Suretyship agreements - Enforcement post-liquidation proceedings - Amendment of pleadings and Rule 28 compliance - Debt adjustment based on liquidation payments.
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26 May 2025 |
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The Applicant's responsibility for instalment breaches found self-created and subjective, confirming contract cancellation.
Contract law – instalment sale agreements – breach of contract – obligations to provide correct VAT information – performance of contracts and excuse of performance.
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26 May 2025 |
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Compelling discovery refused: respondents substantially complied with Rule 35(3) and applicant failed to rebut sworn non-possession.
Civil procedure – Rule 35(3) disclosure – substantial compliance where party states on oath that documents are not in its possession and gives reasons; application to go behind discovery affidavit – Swissborough test; hearsay admissible for interlocutory purposes under s3(1)(c) of the Law of Evidence Amendment Act; late replying affidavit refused; costs against applicant.
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23 May 2025 |
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Leave to appeal refused where factual finding of non-causative conduct and intervening adjustment defeated prospect of success.
Civil procedure – Leave to appeal – section 17(1)(a) Superior Courts Act – reasonable prospect of success required. Delict – causation – alleged prior negligent act rendered causally irrelevant where another person assumed responsibility and adjusted safety equipment. Evidence – appellate court will not readily disturb factual findings supported by concurrent evidence of witnesses and experts.
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23 May 2025 |
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Warrant of execution set aside due to lack of jurisdiction by Gauteng High Court; Free State High Court proper forum.
Civil procedure – jurisdiction – setting aside warrant of execution due to improper jurisdiction issuance – Pension Fund Adjudicator's determination enforceability.
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23 May 2025 |
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Urgent application to interdict estate administration struck off for failure to satisfy Rule 6(12) and self-created delay.
Urgent relief – Administration of deceased estate – Contested will – Rule 6(12) Uniform Rules of Court – requirements for urgency and inability to obtain substantial redress – self-created urgency – striking of urgent application – costs including counsel on scale B.
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23 May 2025 |
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NSPCA entitled to a final interdict to prevent animal cruelty, compel feeding, and inspect respondent farms under statutory mandate.
Animal welfare – statutory mandate of NSPCA – interim and final interdicts – requirements: clear right, injury committed or reasonably apprehended, no other satisfactory remedy – authorization of inspections subject to biosecurity – injunctive relief to stop inhumane culling, ensure specie-appropriate feeding, and suspend placement of day-old chicks – costs awarded.
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23 May 2025 |
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Conflicting registrar-signed orders and unsworn assertions cannot displace a formal order; matter removed from the roll.
Civil procedure – effect of registrar-signed court orders; admissibility of oral submissions to contradict orders; procedure for correcting orders or placing audio/transcripts before court; handling of contradictory court orders; removal from roll where procedural irregularities cause prejudice.
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23 May 2025 |
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Interlocutory strike‑out dismissed for failure to comply with rule‑specific notice and procedural requirements.
• Civil procedure – strike‑out – Rule 6(11)/6(15): requirements and timing (deal at main application). • Civil procedure – notice to cure – Rule 23(2): mandatory pre‑conditions before bringing strike‑out application. • Civil procedure – Rule 30/30A: cannot be used to circumvent specific remedial rules; notice must be clear and particularised. • Procedure – litigation by surprise: court confined to filed papers; oral explanations at the bar cannot cure defective notices. • Professional conduct – counsel’s duty of courtesy and adherence to rules of court.
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23 May 2025 |
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Court dismissed application for release of funds for legal expenses due to inadequate asset disclosure under POCA.
Criminal law – Prevention of Organised Crime Act – Application for legal expenses under section 26(6) – Full disclosure of assets required.
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23 May 2025 |
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Rescission granted where urgent order stemmed from ineffective service and statutory non‑compliance; contempt claim dismissed.
Bank law – change of name of mutual bank – compliance with s35 Banks Act – urgency and effective service of urgent applications – audi alterem partem and duty to take reasonable steps to secure notice – rescission and variation of orders (Rule 42) – contempt of court – requisites of contempt and Fakie test – costs on scale C including two counsel.
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23 May 2025 |
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Forensic and medico-legal evidence, viewed holistically, excluded reasonable doubt and supported convictions for rape and murder.
Criminal law – Rape and murder of a child – Forensic DNA linking accused to vaginal swabs – Medico-legal findings of trauma and live penetration. Evidence – Trial-within-a-trial – Pointing-out found irrelevant; confession inadmissible for defective preamble and recording. Evidence evaluation – Circumstantial and forensic evidence considered as a whole; accused's alternative version rejected as not reasonably possibly true.
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23 May 2025 |
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Plaintiffs must lead evidence first where pleadings show they bear the evidentiary burden on disputed bank-account agreements and alleged unauthorised debits.
Civil procedure – Rule 39 – Duty to begin – onus to adduce evidence (evidential burden) determined by pleadings. Pleadings – prima facie case – plaintiff must lead evidence where positive averments and disputed contractual terms create an evidential burden. Banking law – banker-client accounts – necessity to prove contents of account agreements, accuracy of debit schedules and absence of authority for debits. Contractual terms – allegation that terms were not brought to attention or are unreasonable/public policy defects require proof by the alleging party.
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22 May 2025 |
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Judgment rescinded due to procedural unfairness in declaring property executable without co-owner's involvement.
Property Law – Community of Property Marriage – Mortgage Bond Illegality – Procedural Unfairness in Execution.
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22 May 2025 |
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Refusal of bail reversed as the interests of justice found to permit conditional release pending trial.
Criminal procedure – Bail – Appeal against refusal of bail – Consideration of whether interests of justice permit release pending trial.
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22 May 2025 |
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Leave to appeal refused where applicants failed to show misdirection and should have raised concurrency on appeal.
Criminal procedure – leave to appeal – concurrency of sentences – section 280 Criminal Procedure Act – section 39(2)(a)(i) Correctional Services Act – totality principle – finality of sentencing – appeal to SCA as forum to determine concurrency when life sentence reduced.
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22 May 2025 |
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Summary judgment refused where disputed cancellation and repossession issues make the matter triable; defendants granted leave to defend.
Practice — Summary judgment — Not appropriate where genuine disputes exist about cancellation and repossession of leased equipment; jurisdiction and arbitration clause issues to be tried.
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22 May 2025 |
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A sworn discovery reply that a requested document does not exist complies with Rule 35(3); striking out remains discretionary and was refused.
Civil procedure – Rule 35(3) and (7) – discovery affidavit stating on oath document does not exist constitutes compliance – Rule 35(7) confers discretion to strike out, not a mandatory consequence – premature striking‑out application and failure to disclose reply – condonation of very late replying affidavit refused – hearsay accepted for interlocutory purposes (LoEAA s3(1)(c)).
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22 May 2025 |
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Sub‑standard intrapartum and postnatal care caused minor’s hypoxic‑ischaemic brain injury; respondent held fully liable.
Delict — medical negligence — intrapartum and immediate postnatal sub‑standard care; inadequate monitoring and failure to initiate IUFR; delayed emergency Caesarean section; inadequate neonatal resuscitation — causation — flexible factual causation (Lee/BUT‑FOR) applied — MRI evidence of chronic hypoxic‑ischaemic brain injury; multifactorial alternative causes not proved to exclude negligence.
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22 May 2025 |
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Applicant failed to prove urgency to unfreeze account; application struck from the roll with costs.
Urgent application — rule 6(12) — requirement to show true urgency and inability to obtain substantial redress at a later hearing; Freezing of bank accounts — dormant account and large deposit as justification for investigation; Contradictory affidavits and procedural delays — fatal to urgency; Costs — respondents awarded party-and-party costs.
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21 May 2025 |
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Condonation granted but leave to appeal refused; set-off defence failed and respondent ordered to pay attorney-and-client costs.
Procedure — condonation for late application for leave to appeal; postponement — last-minute counsel unavailability insufficient ground; set-off — onus on party pleading set-off to prove liquidated, legally cognisable debt; leave to appeal — prospects of success requirement; costs — attorney-and-client scale where parties agreed such scale.
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21 May 2025 |
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Invalid cession agreement led to voided sale of a vehicle, impacting creditor preference in liquidation.
Corporate law – Liquidation – Voidable dispositions – Cession of property rights – Ownership and sale of assets under insolvency.
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21 May 2025 |
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High Court intervention in uncompleted bail proceedings is limited to exceptional cases where grave injustice looms.
Criminal law – Bail application – High Court intervention – Circumstances necessitating urgent intervention in lower court bail processes.
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21 May 2025 |
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A last‑minute Rule 28(1) notice to amend plea justified postponement and a punitive wasted‑costs order against the defendant.
Civil procedure – Rule 28(1) – Amendment of plea – Late service of notice shortly before trial – Postponement and punitive wasted‑costs order on attorney‑and‑client scale.
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21 May 2025 |