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Citation
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Judgment date
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| May 2025 |
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Defendant’s belated intention to amend plea prompted postponement and an order for punitive wasted costs in favour of the plaintiff.
Civil procedure – postponement of trial due to belated intention to amend plea – Rule 28(1) notice – awarding wasted costs on attorney-and-client scale including counsel for belated conduct.
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21 May 2025 |
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Trustees of an insolvent estate can repudiate a sales agreement if not procedurally irregular.
Insolvency – Trustee’s right to repudiate an untransferred sales agreement – Review of trustee's decision – Vulnerable purchaser definition and application.
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20 May 2025 |
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Dispute over business‑interruption quantum must be referred to arbitration; applicant failed to show good cause to avoid arbitration.
Arbitration – stay of court proceedings – s6 Arbitration Act – clause referring differences as to amount payable to arbitration – high threshold ('very strong case'/'good cause') required to refuse arbitration – contractual interpretation and quantification of insurance policy limits fall within arbitration – prescription point not a sufficient countervailing reason to deny stay.
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20 May 2025 |
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Court declared the respondent guilty under s214 and a delinquent director under s162(5)(c)(i) and (iv), dismissing his counter‑application.
Companies Act – prospectus/business plan used to induce investment – liability under s214(1)(c) and (d) for disseminating untrue statements; Companies Act s22 – applies to company, not directly to directors; Directors – delinquency under s162(5)(c)(i) and (iv) for wilful misconduct/gross negligence; Motion proceedings – dispute of fact and Plascon‑Evans framework; Rescission/setting aside of settlement – functus officii and procedural requirements.
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20 May 2025 |
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Court upheld default judgment as no procedural errors by registrar were found; rescission application dismissed.
Civil procedure – application for rescission – default judgment – Rule 42(1)(a) – service of notice and rescission application.
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20 May 2025 |
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Conviction based on single police witness and recent possession found unsafe due to material discrepancies and failure to call key witness.
Criminal law – convictions based on recent possession – requirement that State prove possession beyond reasonable doubt and caution where single witness evidence is pivotal. Criminal procedure – failure to call a material witness (police officer) may justify adverse inference. Evidence – evaluation of discrepancies between police witnesses; single witness cautionary rule and requirement that such evidence be substantially satisfactory or corroborated. Forensic/real evidence – importance of SAP13 booking, production of exhibits and contemporaneous photographs to corroborate police discovery.
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20 May 2025 |
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Court grants summary judgment for loan default, upholding property execution despite housing rights claim.
Summary Judgment – Loan Agreement Default – Principle of Bona Fide Defence – Right to Housing and Execution – Section 129 Notices – Jurisdictional Considerations in Magistrates’ Courts
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20 May 2025 |
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Respondent not entitled to withhold advisory fees absent pleaded breach and compliant notice under clause 6.5.
Contract — Investment Advisory Agreement — interpretation of clause permitting withholding of fees (clause 6.5) — requirement for written breach notice and opportunity to rectify — confidentiality clause and scope of "Confidential Information" (clause 7) — agency versus advisory role — proof and particularity required to withhold payment — application on motion where no genuine disputes of fact.
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19 May 2025 |
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An interim interdict against an organ of state requires mala fides and imminent irreparable harm; otherwise damages are appropriate.
Interim interdicts – organs of state – restraining statutory power only in exceptional cases; mala fides/fraud must be clearly shown; Setlegelo requisites applied in constitutional context; delictual claims for loss of profit available to unsuccessful tenderers but require causation; balance of convenience and public interest in water services.
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19 May 2025 |
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Court dismissed a procedurally defective, multi‑headed urgent application as an abuse of process and ordered punitive costs.
Civil procedure – Urgent applications – Requirements for urgency – Application struck from roll for lack of urgency cannot be re‑enrolled as a ‘‘reconsideration’’ under Rule 6(12)(c) where applicants were present. Civil procedure – Competency – Hybrid notices combining reconsideration, rescission, review and s18 relief are procedurally defective. Administrative law – Review claims must meet starting requirements; absence of pleaded grounds for rescission or review fatal. Abuse of process – Repetitive, meritless litigation justifies punitive costs and restrictions pending security for costs.
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19 May 2025 |
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Rescission application denied due to applicant's failure to appear in court and comply with practice directives.
Civil procedure – rescission of judgment – failure to appear in court – compliance with practice directives – rescission of default judgment.
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19 May 2025 |
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Failure to 'furnish' insolvency papers effectively to employees/trade unions precludes final liquidation or sequestration orders.
Companies and Insolvency law – furnishing versus service – s346(4A)/s346A Companies Act and ss9(4A)/11 Insolvency Act – effective notice to employees and trade unions; statutory affidavit requirement; provisional vs final orders; consequences of non‑compliance; costs orders precluding attorneys/counsel recovery.
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19 May 2025 |
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Court dismisses urgent application by Ziggy Investments to prevent vehicle sale due to lack of urgency.
Motor vehicle sale; Urgency in interlocutory relief; Oral agreements and procedural delays impacting court applications.
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19 May 2025 |
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Applicant failed to show urgency or a prima facie right to interdict payment under a third‑party guarantee; application struck.
• Civil procedure – interim relief – urgency – applicant must show specific, irreparable prejudice and prima facie right at risk before an urgent interdict will be granted.
• Contract law – consortium agreements – internal indemnities bind only contracting members and do not bind third-party beneficiaries or guarantors.
• Guarantees – third-party guarantors may be enforced by beneficiaries unless directly shown to be invalid or procured in bad faith.
• Costs – successful respondent awarded costs on scale C, including costs of two counsel where justified.
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16 May 2025 |
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Court held the RAF 100% liable for plaintiff's damages following a serious motor vehicle accident.
Motor vehicle accident; Road Accident Fund liability; loss of income assessment; negligence of insured driver.
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16 May 2025 |
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Plaintiff awarded damages for injuries from a motor accident while proving defendant's liability for full compensation.
Negligence – Liability of Road Accident Fund – Passenger compensation – Nexus between accident and injuries.
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16 May 2025 |
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Defendant's defences of illiteracy and reckless credit were rejected, granting Plaintiff summary judgment for vehicle repossession.
Credit agreement - Summary judgment - Defendant's defences of illiteracy and reckless credit under the National Credit Act rejected - Plaintiff entitled to repossess vehicle.
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16 May 2025 |
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Court allowed the State to call witnesses in any order despite defence hearsay objections to early expert testimony.
Criminal procedure – order of calling witnesses – prosecution as dominus litis – expert testimony based on others' accounts – provisional admission of hearsay – caution against burdening court with revisiting provisional hearsay admissions.
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16 May 2025 |
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Historic water consumption charges prior to 15 May 2022 prescribed; City ordered to recalculates accounts and apply mixed‑use tariff from 28 February 2013.
Municipal law – billing and tariffs – rezoning to Residential 4 – correct application of mixed‑use tariff; Prescription Act – consumption debts prescribe after 3 years; Administrative law – municipal procedural fairness and duty to furnish accurate accounts; Civil procedure – res judicata/lis pendens refused where earlier orders did not finally determine relief; Costs – punitive attorney‑and‑own‑client (Scale C) order for municipal misconduct.
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15 May 2025 |
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Urgency dismissed where applicant failed to prove imminent prejudice; mere assertion of a right is insufficient.
Civil procedure — Urgency — Applicant must demonstrate imminent prejudice or inability to obtain effective relief on ordinary roll; mere existence of a right insufficient; evidentiary proof of urgency (planning status, storage costs, inability to store) required.
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15 May 2025 |
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Urgency not established for return or interdict against respondents’ use of proposal documents; application struck and costs awarded.
Civil procedure – urgency – whether applicant established immediate and irreparable harm to justify urgent interim relief; Intellectual property – alleged misuse of confidential proposal documents and whether threat of dissemination justified urgent interdict; Procedural conduct – applicant’s failure to seek return earlier undermining urgency; Costs – awarding costs on Scale C and disallowing two counsel where unnecessary.
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15 May 2025 |
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Leave to appeal refused; urgency and committal for contempt upheld, with costs awarded.
Civil procedure – leave to appeal – section 17(1)(a) Superior Courts Act – reasonable prospect of success required. Urgency – Rule 6(12) – discretionary hearing of contempt application. Contempt of court – committal to prison – sanction appropriate where wilful contravention has been found.
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15 May 2025 |
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Leave to appeal granted to Full Bench on compelling grounds regarding dismissal of loss of earnings and future medical expenses.
• Civil procedure – Leave to appeal under s 17(1) Superior Courts Act – requires reasonable prospects of success or compelling reasons. • Appeal permitted where compelling reasons exist despite trial judge’s satisfaction with decision. • Personal injury – award of general damages; dismissal of past and future loss of earnings; appellate reconsideration of loss of earnings and future medical expenses warranted. • Costs: costs in the appeal.
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15 May 2025 |
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Application dismissed; docket parts B and C not necessary for fair trial under Section 35.
Criminal law - Fair trial rights - Disclosure of information in police docket - Relevance - Privilege
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15 May 2025 |
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An institution whose dominant purpose is to perform a constitutional function is an "organ of state" under the Legal Proceedings Act.
Institution of Legal Proceedings Against Certain Organs of State Act 40 of 2002 – definition of "organ of state" – an institution performing a function in terms of the Constitution includes entities whose exclusive or dominant purpose is to carry out State constitutional functions, regardless of whether powers derive directly from the Constitution. Municipal entities – provision of water as a basic municipal service constitutes performance of a constitutional function (sections 27(1)(b) and 152(1)(b)). Pre-litigation notice (s 3) – applies to such organs of state; failure to deliver notice may be condoned but action should be stayed pending condonation. Case law – Nicor IT Consulting and Haigh to the extent they required direct derivation from the Constitution are incorrect.
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14 May 2025 |
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Fidelity-fund claim rejected as prescribed for failure to notify the board within three months of awareness under the EAAA.
Property practitioners / fidelity-fund claims – prescription – section 18(3)(a) Estate Agency Affairs Act requires written notice within three months of awareness – Prescription Act inapplicable where specific statutory period exists – awareness assessed objectively – choice to litigate does not excuse failure to notify – review standard: rationality of administrative decision.
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14 May 2025 |
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Court orders maintenance pendente lite for applicant and children, plus legal cost contribution pending divorce finalization.
Family Law - Maintenance pendente lite - Legal costs and fair maintenance considering children's needs and parties' capacities.
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14 May 2025 |
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Municipality ordered to reconcile applicant's account after continued 'illegal use' tariffs; differentiation and ubuntu considered.
Property rates — Municipal Property Rates Act; differentiation of tariffs by property category; municipal duty to reconcile and lawfully apply tariffs; administrative justice (PAJA) — requirement for reasonable, prompt action and written reasons; interpretive extension of differentiation to consider human person/ubuntu.
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14 May 2025 |
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Court dismisses application to vary Rule 43 order for lacking 'exceptional circumstances'.
Family Law – Rule 43 – variation of interim maintenance order – exceptional circumstances vs. material change – procedural integrity of court orders.
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13 May 2025 |
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Court dismisses maintenance application due to Respondent's unemployment and financial incapacity to comply.
Family law - Maintenance and legal costs - Conditions for obligating unemployed spouse - Division of joint estate without receiver.
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13 May 2025 |
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Court awards lump sum for impairment of future earning capacity due to injuries sustained in an accident.
Road Accident Fund – Compensation for injury – Future medical expenses – Impairment of earning capacity – Discretionary lump sum award.
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13 May 2025 |
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Applicant's Rule 21(4) application to strike out defence dismissed as procedurally defective; costs awarded to respondents.
Civil procedure – Rule 21(4) – application to strike out defence for failure to furnish further particulars; necessity and form of particulars; distinction between discovery and particulars; procedural regularity of notice; costs order against uncooperative litigant.
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13 May 2025 |
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Applicant, a pillion passenger, awarded past loss and impairment; respondent 100% liable and must provide unlimited s17 undertaking.
Road Accident Fund – passenger on motorcycle – insured driver predominant cause – negligence established – applicant entitled to 100% of proven damages; rule 38(2) partly granted; general damages separated and postponed under rule 33(4); past loss recoverable despite immigration status; future loss of income not awarded for lack of substantiation; impairment of earning capacity awarded (R600,000); unlimited s17(4)(a) undertaking for future medical expenses ordered; costs to applicant (party and party, counsel on Scale B).
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13 May 2025 |
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Appellant failed to prove error in default judgment for arrear rental, affirmation of security over asset attachment.
Contract Law – Lease agreement – Default judgment requirements – Plea service failure – Hypothec as security, not debt settlement.
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12 May 2025 |
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Whether an alleged consensual waiver of a suspensive condition can be decided on exception or requires oral evidence.
Alienation of Land Act s2(1) and non‑variation clauses – alleged unwritten waiver/variation of suspensive condition; whether unwritten waiver renders agreement unenforceable. Exception procedure – test for exceptions: accept pleaded facts, excipient bears onus, exception only where no cause of action on any interpretation. Contract interpretation – surrounding circumstances and parties’ conduct relevant to waiver and variation. Unjust enrichment/restitution – factual inquiry required on restoration versus monetary relief.
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12 May 2025 |
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Court upholds Hollard's claims for payment under guarantees despite jurisdictional and authority challenges.
Contract law – authority and jurisdiction – acknowledgment of debt – indemnity agreements under guarantees – allegations of duress.
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12 May 2025 |
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Rescission dismissed: applicant failed to prove absence of wilful default or bona fide defence; relied on irregular notice.
Insolvency — rescission of provisional sequestration — requirements of absence of wilful default and bona fide defence; motion v action proceedings — Notice to Remove Cause of Complaint irregular in motion proceedings (Uniform Rule 6 vs Rule 23); non‑compliance with court orders and rules may warrant punitive costs (attorney-and-client).
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12 May 2025 |
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Leave to appeal refused where plaintiff’s own evidence disclosed contributory negligence and no reasonable prospect of success.
• Civil procedure – Leave to appeal – Section 17 Superior Courts Act – requires reasonable prospect of success or other compelling reason. • Delict – contributory negligence – may be found on plaintiff’s own evidence where that evidence discloses negligent conduct. • Burden of proof – defendant ordinarily must plead and prove contributory negligence, but plaintiff’s admissions can suffice. • Damages – past patrimonial loss – claimant must prove causal link to accident and efforts to resume employment.
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12 May 2025 |
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Second respondent admitted personal and corporate liability for a sale-in-execution default; court found punitive costs warranted due to unnecessary delay.
Civil procedure – sale in execution – purchaser’s failure to pay balance – sheriff’s cancellation and resale rights; suretyship and personal liability where purchaser signs on behalf of close corporation; costs – award of punitive costs for unnecessary litigation and dilatory conduct.
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12 May 2025 |
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Application for sequestration dismissed due to bona fide dispute on debt and procedural non-compliance by applicant.
Insolvency – Sequestration application – Bona fide dispute of debt existence – Incorrect party citations – Procedural compliance issues.
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12 May 2025 |
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Applicant entitled to costs after plaintiff withdrew action without tendering costs; respondent’s reasons insufficient.
Costs — Withdrawal of action without tender of costs — Applicant seeks costs of withdrawn action and of current application (attorney-and-client scale) — Respondent relied on file loss, COVID delays and prior exceptions — Court finds no wrongful conduct by applicant and no valid legal defence to costs claim.
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12 May 2025 |
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Application for leave to appeal dismissed due to lack of reasonable prospects of success and implausible defence case.
Criminal procedure – Application for leave to appeal – Condonation for late filing granted – Leave to appeal refused where no reasonable prospect exists that another court would come to a different conclusion – Evaluation of credibility of witness and implausibility of defence case.
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9 May 2025 |
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The High Court dismissed an application to stay an eviction order over a commercial lease dispute.
Eviction law – Interim relief – Prima facie right – Commercial lease dispute – Finality in litigation.
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9 May 2025 |
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Court upholds eviction order due to valid lease termination for non-payment; defences regarding notice service found unsustainable.
Lease agreement breach – Eviction proceedings – Service of termination notice – Validity of defences – Commercial property law.
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9 May 2025 |
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Lease terminated by properly served notice to attorneys; email notice invalid, tenant’s defences rejected, ejectment and attorney-and-client costs granted.
Lease cancellation and eviction – validity of notice and domicilium – electronic service by email – tenant holding over – withholding rent and improvement lien – waiver of claims for alterations – costs on attorney and client scale.
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9 May 2025 |
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Default judgment application against RAF dismissed due to defective affidavits and premature legal proceedings.
Road Accident Fund – Compliance with Section 19(f) affidavit – Proper commissioning of expert affidavits – Prematurity of legal proceedings due to partial compliance.
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9 May 2025 |
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Plaintiff's default judgment application against Road Accident Fund dismissed for noncompliance with statutory affidavit requirements.
Personal injury – Road Accident Fund claims – Compliance with statutory requirements – Affidavit deficiencies and improper commissioning of affidavits.
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9 May 2025 |
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Application for default judgment against RAF dismissed due to affidavit noncompliance and improper commissioning.
Road Accident Fund – Compliance with RAF Act affidavit requirements – Improper commissioning of affidavits – Section 19(f) compliance questions.
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9 May 2025 |
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Specific performance denied due to applicant's failure to prove full compliance with contractual payment terms.
Contract law – specific performance – requirements for compelling transfer of property under a disputed sale agreement – compliance with payment terms disputed.
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9 May 2025 |
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Leave to appeal against a stay pending a Copyright Tribunal compulsory‑licence application refused; application dismissed with costs.
Civil procedure – stay of proceedings pending administrative/tribunal determination – discretion to grant stay and test for leave to appeal. Appealability – whether judge acted on wrong principle or incorrect understanding of facts; requirement of compelling reason or public importance to justify leave. Precedent – limits of Cipla authority where interdict/damage‑quantification issues differ. Mootness/academic appeal – effect of expiry of subject licence or of stayed order on granting leave. Costs – award of costs including two counsel; taxation on scale C.
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9 May 2025 |