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Citation
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Judgment date
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| June 2025 |
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Application for leave to appeal dismissed due to lack of reasonable prospects of success as per Section 17 of the Superior Court Act.
Civil Procedure – Leave to appeal – Reasonable prospects of success – Section 17(1) Superior Court Act – Leave to appeal denied.
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30 June 2025 |
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Court rules plaintiff's arrest lawful under section 40(1)(a), dismissing claim for damages due to alleged unlawful detention.
Criminal Procedure – Lawfulness of arrest and detention – Interpretation of section 40(1)(a) of the Criminal Procedure Act.
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30 June 2025 |
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Ex parte order set aside due to non-disclosure and lack of exceptional circumstances justifying the bypass of audi alteram partem rule.
Civil procedure – Ex parte applications – Reconsideration – Material non-disclosure – Urgency and good faith in ex parte applications
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30 June 2025 |
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Northbound entitled to licence release despite a contested business sale; AI misuse in legal citing referred for investigation.
Administrative Law - Mandamus compelling regulatory body to release refining licence when statutory issuance requirements have been met - Precautionary withholding in face of contested sale of business
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30 June 2025 |
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Court ordered release of refining licence to Northbound amid ongoing dispute about business sale validity.
Commercial law – Interim mandamus sought to compel regulatory action – Urgent relief – Validity of sale and statutory compliance under Companies Act.
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30 June 2025 |
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Affixing a section 129 notice at consumer's location constitutes proper delivery under the National Credit Act.
Credit law – National Credit Act – delivery of section 129 notice – interpretation of delivery requirements under section 129(5)(b).
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30 June 2025 |
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Application for rescission dismissed as applicant failed to demonstrate a bona fide defense against admitted contractual breach.
Civil Procedure – Rescission of default judgment – Rule 31(2)(b) – Defendant's obligation to show bona fide defense – Misunderstanding legal process not sufficient for rescission.
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29 June 2025 |
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Where the solvent spouse's assets vest in trustees after sequestration, an urgent application without release or authority is fatally defective.
Insolvency – Section 21 of the Insolvency Act – sequestration of one spouse’s estate – vesting of solvent spouse’s assets in trustees – locus standi – legal proceedings instituted without release of vested asset – lack of authority – urgent application for stay of execution – dismissed on procedural grounds.
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27 June 2025 |
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The court upheld jurisdiction based on contractual consent, dismissing jurisdictional and suretyship challenges.
Jurisdiction – Consent by prior agreement – Peregrine defendants and jurisdictional consent – Suretyship document compliance with statutory requirements.
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27 June 2025 |
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Application for leave to appeal dismissed, interlocutory order not appealable, costs awarded on punitive scale.
Civil Procedure – application for leave to appeal – interlocutory order – lack of proper evidence introduction – punitive costs.
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27 June 2025 |
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Default judgment rescinded due to procedural error in suretyship agreement under Rule 42(1)(a).
Civil procedure – Rescission of default judgment – Unrectified suretyship – Procedural error under Rule 42(1)(a).
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27 June 2025 |
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Application for leave to appeal contact order between grandparents and child dismissed due to lack of merit.
Family Law – Grandparent rights – contact with grandchildren – best interests of the child – mediation and expert evidence requirements.
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27 June 2025 |
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Court holds defendant 100% liable for damages from a child's accident, awarding future loss and stipulating a trust fund.
Road Accident Fund – Damage compensation – Liability admitted – Assessment of expert testimonies for general damages and loss of earnings.
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27 June 2025 |
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The respondent is in contempt for making defamatory social media posts in violation of a court order.
Contempt of court – Civil contempt – Defamatory social media posts – Compliance with court orders – Fair comment and freedom of expression.
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27 June 2025 |
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Guarantor obligations are independent and enforceable irrespective of existing judgments against other guarantors.
Contract law – guarantees – obligations of guarantor independent of principal debtor – enforcement of settlement agreements – joint and several liability – principle of pacta sunt servanda.
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27 June 2025 |
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Attorney held liable for defamatory, malicious false police complaint; R500,000 damages plus interest and attorney-and-client costs.
Defamation; malicious prosecution; false police complaint by an attorney; malice established by prior threats and messages; aggravated conduct; quantum of general damages; costs on attorney-and-client scale; referral to Legal Practice Council.
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26 June 2025 |
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Court dismisses tenant's claims for property improvements and upholds rental arrears debt of R 896,000.
Landlord-Tenant dispute - right of first refusal - rent escalation - property improvements - unjust enrichment claim.
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25 June 2025 |
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Court grants interim interdict staying execution of judgment pending rescission application, maintaining status quo between landlord and tenant.
Civil procedure – Interim interdict – Stay of execution – Pending rescission application – Status quo maintenance – Requirements for interim relief – Urgency predominantly dependent on respondent’s refusal of undertaking.
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25 June 2025 |
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Application for leave to appeal summary judgment dismissed due to lack of bona fide defenses and reasonable prospects.
Civil procedure - leave to appeal - summary judgment - mortgage bond registration - summary judgment and access to justice
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25 June 2025 |
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A rail operator was held liable for injuries sustained when a passenger was pushed from a moving train with open doors.
Delict – Passenger injury – Train accident – Liability of commuter rail operator for injuries sustained when a passenger was pushed from a moving train with open doors – Failure of operator to maintain safe conditions – No contributory negligence or voluntary assumption of risk proven.
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25 June 2025 |
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Unlawful arrest, detention, and malicious prosecution resulted in a R1.5 million damages award.
Civil procedure - unlawful arrest and detention - malicious prosecution - damages assessment - procedural compliance in civil claims against the state.
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25 June 2025 |
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Court grants contempt order and punitive costs against attorneys for failing to comply with interdict on online publication.
Contempt of court – urgent application – non-compliance with interdict restraining online publication – attorneys as respondents – punitive costs for continued breach – duty to comply with court orders until set aside.
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25 June 2025 |
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A former employee was interdicted from working for a competitor and soliciting clients due to enforceable restraint and confidentiality clauses.
Labour law – Restraint of trade – Enforcement – Reasonableness – Confidential information – Protectable interest – Limitation of restraint period – Breach through soliciting clients and joining competitor.
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25 June 2025 |
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The City of Johannesburg's appeal against an unlawful Property Rates Policy was dismissed due to inadequate public participation.
Constitutional Law – Property Rates Policy – Administrative justice – Public participation – Best interests of the child – Leave to appeal
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24 June 2025 |
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Urgency in preventing an aircraft sale not substantiated; seller's rights upheld under contract addendum.
Civil procedure – Urgent application – Requirement of urgency – Establishing a prima facie right – Contractual rights in sale agreements.
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24 June 2025 |
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Court awarded damages for medical expenses and loss of income following a motor vehicle accident.
Personal injury – Motor vehicle accident – Damages for past medical expenses, future medical care, and loss of income – Assessment of career impact by injuries.
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24 June 2025 |
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An urgent anti-dissipation interdict was granted to preserve property sale proceeds pending sequestration proceedings.
Civil procedure – Urgent application – Anti-dissipation interdict – Preservation of sale proceeds – Sequestration proceedings
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24 June 2025 |
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Court finds no enforceable acknowledgment of audit fees debt in correspondence between parties.
Contract Law – Acknowledgment of debt – Requirements for acknowledgment to be enforceable – Dispute over audit fees.
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23 June 2025 |
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Urgency application dismissed; no prima facie right to stay execution; punitive costs for lack of urgency. Legal grounds unsubstantiated.
Execution – Urgency – Attachment of movable property – Ownership dispute – Interpleader proceedings – Constitutional rights – Best interests of minors – Costs order.
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23 June 2025 |
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Plaintiff entitled to payment and interest; defendant’s counterclaim dismissed for lack of evidence.
Contract Law – Specific Performance – Breach of Contract – Evidence and Credibility in Dispute Resolution – Counterclaim Dismissal for Lack of Evidence
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23 June 2025 |
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Court set aside prior orders and ordered existing funeral parlour to continue; first respondent to pay its charges.
Urgent application — condonation of non‑compliance with Uniform Rules — reconsideration and setting aside of prior urgent orders — funeral‑arrangements dispute between equal co‑heirs — practical/common‑sense approach to prevent duplication of costs — undertaker to continue and contracted party to pay charges — detailed agreed funeral arrangements recorded.
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21 June 2025 |
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Court grants father primary care, pending assessment, with the mother having unsupervised access based on conditions.
Family law – Child custody – Variation of existing custody orders – Best interests of child as paramount consideration – Allegations of parental alcohol abuse.
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20 June 2025 |
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Court awards damages for loss of income firm based on actuarial evidence rather than speculative estimation.
Damages – Road Accident Fund – Assessment of Loss of Income – Application of Actuarial Calculations over Speculative Estimations.
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20 June 2025 |
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Court finds insufficient evidence to identify appellant in IYO robbery, uphold guilt in V robbery.
Criminal Law – Identification – Reliability of evidence in robbery cases – Appeal on conviction and sentence.
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20 June 2025 |
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Procedural compliance in family law upheld, despite respondent's late affidavit; no de bonis propiis costs imposed.
Civil procedure – Irregular proceedings – Rule 30A – Filing out-of-time documents without condonation – Family law and procedural compliance
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20 June 2025 |
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Leave to appeal and condonation denied: no reasonable prospects of success and no reasonable apprehension of judicial bias.
Delict — pure economic loss — duty of care to third parties; FICA does not create private law duties; business-email-compromise; indeterminate liability and vulnerability to risk; reasonable apprehension of judicial bias and recusal; expert evidence on banking procedures; condonation for late filing — interests of justice; failure to prove loss.
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20 June 2025 |
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Court awards damages for personal injury unopposed by the Road Accident Fund, relying on plaintiff's expert evidence and discretion.
Personal Injury – Road Accident Fund Act – Assessment of Damages – Calculation of Loss of Earnings – Discretion in Awarding Costs.
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20 June 2025 |
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Court orders reconsideration of funeral arrangements and costs, addressing procedural non-compliance issues.
Funeral arrangements – Reconsideration of court orders – Responsibilities in funeral costs – Procedural non-compliance condoned
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20 June 2025 |
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Court rules on joint estate division post-divorce without future tax liability considerations.
Family Law – Divorce – Joint estate division – Asset valuation on divorce date – Tax implications in valuation – Timeshare ownership post-divorce.
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19 June 2025 |
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Consolidation of divorce and related oral agreement action is refused to avoid delay in uncontested divorce.
Family Law – Divorce proceedings – Consolidation of actions – Rule 11 – Consideration of convenience and prejudice from consolidation.
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18 June 2025 |
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Applicant’s prolonged inaction defeated urgency; urgent interdict struck from the roll and costs awarded against the applicant.
Urgent interim relief — rule 6(12) urgency requirements — inability to obtain substantial redress in ordinary course; Condonation and reinstatement of lapsed appeal — adequacy of explanation for prolonged inaction by attorneys; Appealability — default orders susceptible to rescission are not appealable; Interim undertakings — no obligation on respondent to refrain from execution absent applicant meeting urgency requirements.
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18 June 2025 |
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17 June 2025 |
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A business rescue plan cannot lawfully impose compulsory cession of creditors’ claims without their consent under section 154.
Company law – Business rescue – Business rescue plan – Compulsory cession of creditors’ claims – Validity – Section 154 of the Companies Act 71 of 2008 interpreted – Whether cession can be imposed on dissenting creditors – Requirement of creditor consent for cession – Invalidity of compulsory cessions.
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17 June 2025 |
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Co-ownership termination must consider mutual resolution or auction, with personal claims requiring trial due to unresolved disputes.
Property law - co-ownership termination - method of distribution - auction - mortgage bond - actio communi dividundo - prescriptive disputes
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17 June 2025 |
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Urgent enforcement of restraint of trade and confidentiality; restraint valid but geographic scope reduced to 100 km.
Employment law – restraint of trade and confidentiality – urgent enforcement – potential misuse of trade secrets sufficient; geographical scope limited from 300 km to 100 km; competitor interdicted from aiding/using confidential information.
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17 June 2025 |
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A bona fide public-interest organisation with prior engagement may be joined as respondent if it shows direct and substantial interest.
Administrative law; intervention and standing — generous constitutional approach to standing — public-interest organisation may be joined as respondent if bona fide, upholds constitutional norms, issue is of constitutional importance, and has prior engagement in the dispute; intervention stage not for deciding admissibility or weight of proposed evidence.
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17 June 2025 |
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Exception upheld due to lack of contractual claim disclosure; investigation ordered into legal adviser's role.
Contract law – Breach of contract – Requirement of including essential terms in pleadings – Exception application upheld for lack of cause of action disclosure.
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13 June 2025 |
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Court upheld exception as pleadings failed to establish a cause of action under contract law principles.
Contract Law - Pleadings - Breach of Contract - Legal Merit - Cause of Action under Contract Law
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13 June 2025 |
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Urgent application dismissed due to applicant's ambiguity in locus standi; costs awarded against applicant.
Urgency in Applications – Locus Standi – Ambiguity in Representation – Dismissal due to Lack of Standing.
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13 June 2025 |
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The hospital's negligent monitoring during labor caused a child's cerebral palsy, holding the defendant liable for damages.
Medical Negligence – Cerebral Palsy – Hospital's duty of care – Fetal distress and monitoring – Failure to intervene
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13 June 2025 |