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Citation
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Judgment date
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| May 2025 |
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Applicant failed to prove possession for spoliation and remedial interdict; damages and balance of convenience favoured respondents.
Spoliation (mandament van spolie) – possession (detentio and animus possidendi) – proof and application of Plascon‑Evans rule; Urgent applications – compliance with Uniform Rule 6(12)(b) and local practice directives; Interim interdict – requirements (prima facie right, injury, no alternative remedy, balance of convenience) and adequacy of damages as alternative remedy; Costs – award including two counsel, taxable on scale C.
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9 May 2025 |
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Urgent challenge to a bank’s freezing of an account postponed to allow formal joinder of SARS; bank criticized for failing to inform applicant.
Banking law – account freezes – contractual right to restrict accounts on suspicion of unlawful use; urgency – whether urgency self‑created; procedural law – joinder of parties – SARS as necessary party; banks’ duties – obligation to provide clear, timely information to customers; costs reserved with limited protection for applicant.
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8 May 2025 |
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Johannesburg High Court lacked jurisdiction; the case should be heard in the Western Cape High Court.
Jurisdiction – High Court jurisdiction – Urgent application for interim relief – Directorship and ownership disputes – Bank account signatory status.
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8 May 2025 |
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Eviction order stand; applicants' rescission application deemed ineffective and urgent relief denied.
Eviction law – rescission – interim relief – procedural fairness – emergency housing – municipal responsibilities – Rule 42(1)
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8 May 2025 |
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8 May 2025 |
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Absolution granted where plaintiff failed to prove unauthorized disclosure or the quantum of alleged contractual losses.
Employment law – breach of confidentiality/restraint clause – absolution from the instance – sufficiency of evidence to establish unauthorized disclosure – proof of quantum of contractual loss – requirement to produce primary data supporting damages.
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7 May 2025 |
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Court awarded R2,509,926 for future loss of income, accepting full liability but noting discrepancies in expert reports.
Personal Injury – Road Accident Fund – Liability and quantum assessment – Future loss of income and contingencies.
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7 May 2025 |
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Offering bundled retrenchment/disability cover to pensioners and disabled who cannot claim is unreasonable under s106(2)(a) of the Act.
Consumer credit – Credit insurance – Section 106(2)(a) – Offering bundled retrenchment and disability cover to pensioners/disabled who cannot claim is unreasonable; cross‑subsidisation and lack of reasonable expectation of benefit render the agreements prohibited conduct under the National Credit Act; appellate review of Tribunal’s factual/legal assessment; amicus participation and expert material considered.
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7 May 2025 |
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Arbitrator had jurisdiction; no s33 misconduct or excess of power; awards and costs ruling made court orders.
Arbitration — review under s33 Arbitration Act — jurisdiction to determine counterclaim included in court referral — functus officio and res judicata — error of interpretation vs exceeding powers — misconduct/gross irregularity requires mala fides/deliberate dishonesty — condonation for short delays — incorporation of arbitration awards and costs ruling as court orders.
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6 May 2025 |
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Court dismissed urgent spoliation and contempt claims, finding an orchestrated land invasion and abuse of court processes.
Spoliation relief; urgent interim relief; orchestrated land invasions and abuse of court processes; expropriation in progress; failure to prove possession/unlawful dispossession; dismissal of contempt application; punitive costs order.
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6 May 2025 |
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A company's urgent application was struck from the roll for improper representation by its non-lawyer CEO.
Civil procedure – Representation of juristic persons – Non-practicing legal representatives – Exceptional circumstances – Urgent court – Striking from the roll for lack of proper representation.
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6 May 2025 |
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Court upholds the validity of Dosio orders, dismissing joinder and rescission applications in a corporate share dispute.
Corporate law – Shareholding dispute – Rescission and joinder applications – Beneficial ownership recognition under the Companies Act – Procedural and substantial interests in share transactions.
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6 May 2025 |
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First respondent held in contempt for failing to comply with order to return vehicle; knowledge via court attendance/WhatsApp sufficient.
Contempt of court – knowledge of order – attendance at hearing and WhatsApp/email suffice as knowledge; misjoinder – personal capacity required for contempt; court orders binding until set aside; ambiguity of order not a licence to ignore; sanction – compliance or fine payable to Department of Justice.
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6 May 2025 |
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High Court hears appeal on cost taxation despite procedural non-compliance, dismissing claim for disbursements. Respondent awarded costs.
Civil Procedure - Taxation of costs - Review of taxation decision - Compliance with procedural rules - Inherent court powers.
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6 May 2025 |
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Court compels sale of jointly owned property in a pending divorce to prevent foreclosure.
Customary marriage - Divorce proceedings - Property dispute - Compelling sale of property - Preservation of joint estate - Pending foreclosure
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5 May 2025 |
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Court absolved defendant from liability for accident due to lack of proven negligence by insured driver.
Road Accident Fund – Rear-end collision – admissibility of hearsay evidence for establishing negligence – burden of proof not met by plaintiff.
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5 May 2025 |
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Typographical and procedural objections did not defeat a bank’s mortgage claim; money judgment and special execution granted with punitive costs.
Mortgage bond – execution against residential property – Rule 46A – simultaneous adjudication of money judgment and leave to execute (Absa v Mokebe). National Credit Act – s129/s130 compliance – notice by email, registered mail and PO Box sufficient; notice to spouse not required absent applicant’s knowledge. Protection of Personal Information Act s6(1)(e) – personal information disclosed in court proceedings exempted from POIA protections. Typographical errors in affidavits are not fatal where no material dispute on the facts exists. Costs – attorney-and-client scale where contract provides and defences are frivolous.
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5 May 2025 |
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Urgent stay of arbitration refused because applicants created delay and failed to satisfy Rule 6(12)(b).
Civil procedure — urgent application — self-created urgency — non-compliance with Uniform Rule 6(12)(b); Arbitration — stay of arbitration pending s 3(2) Arbitration Act application or review — interim relief refused; costs awarded (including counsel on scale C).
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5 May 2025 |
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Summary judgment granted on mortgage arrears; respondent’s bare denial not a bona fide defence and primary residence declared preferentially executable.
Loan agreements – lost original contract – admissibility of secondary evidence (registered mortgage bonds, electronic loan records) – summary judgment – bare denial not bona fide defence – liquidated claim – special executability of primary residence – Rule 46A and s129 NCA compliance.
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2 May 2025 |
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Court addresses misuse of counsel unavailability notifications, reinforcing adherence to legal conduct standards.
Legal Practice – Court Proceedings – Unavailability of Counsel – Conduct Contravening Legal Code – Misuse of Practice Directive
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2 May 2025 |
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A private foreign‑currency loan effected via an authorised dealer did not contravene Exchange Control Regulation 2(1).
Exchange control — private foreign‑currency loan — applicability of Regulation 2(1) — authorised dealer scrutiny (Investec Bank) — illegality of contracts — replication and burden of proof — appeal court’s interference limited where no material misdirection.
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2 May 2025 |
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High Court overturned bail refusal for domestic violence charge, citing magistrate's procedural errors and imposed strict bail conditions.
Criminal Law – Bail application – Domestic violence – Discretionary refusal of bail overturned due to magistrate's procedural errors in considering bail conditions.
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2 May 2025 |
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The applicants' urgent application to enforce a restraint of trade was struck from the roll due to self-created urgency.
Urgent application – Restraint of trade – Self-created urgency – Failure to provide adequate explanation for delay – Striking from roll for want of urgency – Costs awarded to respondent
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2 May 2025 |
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Summary judgment upheld for Plaintiff; Defendant's pleas disputing authorization and amendments were dismissed.
Contract Law – Summary judgment – Sale agreement – Authorized signatory – Non-variation clause – Amendments and defenses elaboration required in plea.
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2 May 2025 |
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An attorney must account, deliver the client file and transfer trust monies upon termination of mandate; withholding funds unjustified.
Legal practice – termination of mandate – attorney obliged on termination to account for monies recovered, render statement of account and deliver client file; trust monies to be transferred to new attorney; Legal Practice Council Rule 3.7 cannot justify withholding funds where matter not finalised.
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2 May 2025 |
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Qualified privilege protects internal disciplinary charge sheets absent malice; plaintiff failed to prove defamation or loss.
Defamation – disciplinary Charge Sheet – qualified privilege (discharge of duty / quasi-judicial occasion) – reasonableness in formulating charges – malice required to defeat privilege – inadequate evidence of reputational, dignitary or financial harm.
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2 May 2025 |
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Leave to appeal granted where dangerous-criminal procedure was misapplied and sentence appears impermissibly cumulative.
Criminal law – sentencing – dangerous criminal inquiry – misapplication of s286 instead of s286A – failure to comply with s286A(2)(b) – cumulative/substantive double sentencing for one conviction – leave to appeal: reasonable prospect test under Superior Courts Act.
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2 May 2025 |
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Court rules that oral property purchase agreements at auctions are exempt from written requirements under Alienation of Land Act.
Property law – Alienation of Land Act 68 of 1981 – Applicability to oral agreements and auctions – Simple summons non-pleading status.
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2 May 2025 |
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Summary judgment refused because defendants raised triable allegations of fraudulent misrepresentation and economic duress.
Civil procedure — Summary judgment — Appropriateness where allegations of fraud, misrepresentation or duress raise triable disputes of fact requiring oral evidence and cross‑examination. Contract law — Misrepresentation and duress — Threats of litigation or economic pressure can, depending on facts, constitute duress and render agreements unenforceable. National Credit Act — Raised but not decided where triable factual disputes exist. Judicial discretion — Court may refuse summary judgment even if plaintiff establishes a prima facie case when justice requires trial.
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2 May 2025 |
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Sequestration refused where debt was bona fide disputed; without‑prejudice offers privileged absent unequivocal admission.
Sequestration — urgent provisional sequestration — bona fide dispute of debt bars sequestration; "Badenhorst rule" applied. 'Without prejudice' negotiations privileged and inadmissible in sequestration unless they contain an unequivocal admission of liability or insolvency. Uniform Rule 6(15) — strike out privileged or scandalous allegations. Urgent applications — self-created urgency disentitles applicant to urgent relief.
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2 May 2025 |
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Court granted ex parte rules nisi to attach taxis pre‑summons, finding industry risk and similar‑fact evidence sufficient with safeguards for passengers.
Civil procedure – ex parte interim interdicts – rule nisi to attach vehicles prior to issuance of summons – extraordinary remedy requiring imminent harm or danger in delay. Evidence – similar‑fact/speculative evidence – admissibility and probative value weighed against prejudice to absent respondents. Procedural fairness – audi alteram partem and s34 implications – availability of anticipation under Uniform Rule 6(8). Execution – safeguards when attaching operational passenger vehicles to avoid prejudice to passengers.
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2 May 2025 |