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Citation
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Judgment date
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| July 2025 |
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Devinity Trading granted court order for arbitral award enforcement; City Power's counter-application dismissed.
Civil procedure – Arbitral award enforcement – prospects of success in counter-application – costs orders between parties
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31 July 2025 |
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A court refused postponement and costs to a respondent who failed to justify delay in resisting enforcement of an arbitral award.
Civil procedure – Postponement applications – Criteria for postponement – Arbitration – Review and enforcement of arbitral awards – Gross irregularity as a ground for review under Arbitration Act 42 of 1965 – Balance of prejudice between parties – Insufficient prospects of success in review application.
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31 July 2025 |
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Failure to prosecute an appeal timeously without sufficient explanation or condonation leads to the appeal lapsing and dismissal.
Civil procedure – Appeals – Lapsing of appeal due to delay – Application for reinstatement – Need for condonation and prospects of success – Failure to provide sufficient explanation for delay and to apply for condonation – Appeal dismissed.
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31 July 2025 |
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Sequestration order for a joint estate in community of property upheld; rescission application dismissed.
Insolvency law – Marriage in community of property – Sequestration – Rescission application – Declaratory order for joint estate sequestration.
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31 July 2025 |
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Court orders forensic assessment to determine the best custodial arrangement for child amid parental conflict and alleged alienation.
Family law - Parental responsibility - Best interests of the child - Interim arrangements pending forensic investigation - Prevention of parental alienation.
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31 July 2025 |
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Dispute over repayment of funds and transfer of vehicle ownership resolved partly on papers, with remainder referred to oral evidence.
Civil procedure – Application for repayment of funds and transfer of vehicle ownership – Dispute as to whether advances were loans or investments – Partial concession – Referral of remaining factual dispute to oral evidence – Expedient resolution in light of applicant’s advanced age.
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31 July 2025 |
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Court dismisses claim for contract nullity and funds reclaim in property auction breach case.
Contract interpretation – Sale by auction – Breach and forfeiture under sales agreement – Auctioneer's entitlement to fees.
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30 July 2025 |
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Eviction ordered due to invalid interim lease and cancellation of underlying sale agreement.
Eviction - Interim lease agreement - Validity contingent on underlying sale agreement - Executor's authority to evict on behalf of deceased estate.
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30 July 2025 |
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Respondent's commercial insolvency justified a final winding-up order due to unpaid debt acknowledgement.
Company law – Liquidation proceedings – Commercial insolvency – Acknowledgement of debt – Court’s discretion in winding-up orders.
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30 July 2025 |
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Parenting plan requires mediation before contempt proceedings in cases of alleged non-compliance.
Family Law – Contempt of court – Parenting plan compliance – Requirement of mediation before court intervention
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30 July 2025 |
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Provisional sequestration granted based on prima facie evidence of insolvency and unjust enrichment claim.
Insolvency – Sequestration application – Prima facie basis for unjust enrichment claim – Evidence of debtor's insolvency and potential creditor advantage.
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30 July 2025 |
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Court awards general damages but dismisses claim for loss of earnings due to insufficient evidence post-accident.
Personal Injury – Road Accident Fund – determination of general damages – entitlement to future medical expenses under RAF Act – claim for loss of earnings.
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29 July 2025 |
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Court grants interim interdict preventing defamatory statements against pension fund administrators.
Defamation – Interim interdict – Defamatory statements – Urgency assessed under Rule 6(12) – Truth and public interest defense rejected.
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29 July 2025 |
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Applicants withdrawing a rescission application ordered to pay attorney and client costs due to mortgage agreement and conduct in litigation.
Civil procedure – rescission application – withdrawal of application – costs – entitlement to attorney and client scale where contract so provides – applicants' conduct relevant to scale of costs awarded.
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29 July 2025 |
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An asylum seeker's mere intention to apply does not justify the lifting of their detention or halting deportation proceedings.
Immigration law – asylum applications – urgent relief for asylum seekers – detention and deportation of asylum seekers – non-refoulement principle.
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29 July 2025 |
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Rule 43 requires an issued divorce summons for interim relief applications to proceed; premature applications are invalid.
Family Law – Rule 43 applications – necessity of pending matrimonial action – amendment scope – procedural prerequisites
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28 July 2025 |
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Applicant failed to plead negligence adequately; court dismissed the delictual claim for repayment of funds.
Attorney's duties – Trust account management – Delictual claim for economic loss – Requirements of duty, negligence, and pleading.
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28 July 2025 |
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Court rules Respondent's actions unauthorized under perfection order, must restore Applicant's business premises access.
Perfection order – Enforcement of security under a general notarial bond – Access to business premises – Entitlement to deny access under perfection order.
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28 July 2025 |
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Court dismisses urgent application to halt deportation of prohibited person using fraudulent identity documents.
Immigration Law - Urgent applications for release - Fraudulent identity and legal status - Section 29(2) and 32 applications implications.
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28 July 2025 |
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Court ordered urgent eviction due to unlawful occupation and property hijacking, balancing owners' rights and occupiers' claims of homelessness.
Urgent eviction under PIE Act; property hijacking; unlawful occupation; interim eviction order; constitutional rights balance.
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25 July 2025 |
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Court denies leave to appeal, finding no reasonable prospect of success under Superior Court Act's strict threshold.
Civil procedure – application for leave to appeal – Superior Court Act – threshold for reasonable prospect of success
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25 July 2025 |
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Dispute over trustee authority and deposit return requires trial and cross-examination to resolve factual ambiguities.
Trust Law – Trustee authority – Unanimous consent requirement – Unjust enrichment – Cross-examination necessity
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25 July 2025 |
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Respondent's wilful non-compliance with court-ordered maintenance constituted contempt of court.
Civil Procedure - Contempt of Court - Maintenance Order - Failure to comply with court-ordered financial obligations - Defence of financial hardship.
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25 July 2025 |
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Court finds respondent in contempt for non-compliance with divorce settlement, dismisses claims of conditionality and impossibility.
Family law - Contempt of court - Divorce settlement - Implied terms and impossibility of performance defense examined.
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25 July 2025 |
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Court dismissed the rescission of scheme order due to adequate disclosure and improper amendment procedures.
Companies Act – business rescue – rescission of order – scheme of arrangement – procedural fairness in amendments.
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24 July 2025 |
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Tender award set aside due to misrepresentation; second respondent held personally liable, public interest necessitated court's action.
Tender law – Review of tender award – Misrepresentation in bids – Constitutionality under Section 217 – Piercing corporate veil in company law.
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24 July 2025 |
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Application for leave to appeal summary judgment dismissed for lacking reasonable prospect of success and substantive merit.
Civil procedure - application for leave to appeal - requirements under section 17 of the Superior Courts Act - Rule 49 and Rule 46A considerations.
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24 July 2025 |
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Court rules on property execution ensuring compliance with National Credit Act and judicial oversight considerations.
Civil Procedure – Execution against immovable property – National Credit Act compliance – Debtor's primary residence – Judicial oversight in execution decisions.
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24 July 2025 |
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Two directors were declared delinquent for breaching fiduciary duties and statutory obligations, incurring punitive costs.
Company Law - Director misconduct - Delinquency declaration - Fiduciary duties and gross negligence under the Companies Act.
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24 July 2025 |
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Court set aside orders by an unauthorised acting magistrate, holding only duly appointed officers may exercise judicial authority.
Judicial officers – Acting magistrate – Jurisdiction after expiry of acting period – Interpretation of section 9(6) Magistrates’ Courts Act – Meaning of 'necessarily engaged in connection with the disposal of proceedings' – Validity of court orders by unauthorised magistrates – Gross irregularity – Legality and rule of law.
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24 July 2025 |
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Court confirms legality of search warrant issuance under the Cybercrimes Act following an interim consent order.
Criminal Procedure – Search and seizure warrants – Issuance requirements under Cybercrimes Act and Criminal Procedure Act – Adequacy of information for warrant issuance.
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24 July 2025 |
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The court ruled on interim maintenance and costs for both parties pending divorce, emphasizing children's welfare and cooperative parenting.
Family Law – Divorce – Interim relief pending divorce – Parental responsibilities and rights – Spousal and child maintenance – Legal cost contribution
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23 July 2025 |
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A title deed's conditions can establish homeowners' association membership and levy obligations, irrespective of register entry.
Property Law – Homeowners' association – Membership – Title deed provisions establish membership and levy obligations.
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23 July 2025 |
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The appeal for revisiting coal transport-related contractual judgments was dismissed due to unreasonable prospect of success.
Breach of contract – Court's usage of jurisdiction – Arbitration clause applicability – Transport vs. supply agreement distinctions – Plascon-Evans rule application.
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23 July 2025 |
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Application for leave to appeal dismissed; no tacit term or bona fide dispute shown warranting trial referral.
Contracts – Special power of attorney – Tacit and implied terms – Sale of properties – Bona fide disputes concerning market value – Leave to appeal criteria.
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23 July 2025 |
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Court dismisses application seeking declaratory relief on marriage regime due to material disputes of fact.
Family Law – marriage regime – Ante Nuptial Contract – declaratory orders – material dispute of fact
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22 July 2025 |
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Summary judgment refused; defendant's counterclaim raises viable defence necessitating trial.
Civil Procedure - Summary Judgment - Bona Fide Defence - Rule 32 of Uniform Rules of Court - Restraint of Trade Clause - Contractual Breach.
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21 July 2025 |
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The application to set aside a subpoena in divorce proceedings was dismissed due to non-compliance with procedural grounds.
Civil procedure – issuing of subpoenas – compliance with Rule 38 – relevance of documents – abuse of process – timing of subpoena issuance.
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21 July 2025 |
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The court granted leave to appeal regarding the treatment of two demand acts as continuous for a bank guarantee.
Civil procedure – leave to appeal – demand on bank guarantees – whether two demands constitute one continuous act.
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21 July 2025 |
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Court declared the City of Johannesburg's reclassification of property tariffs unlawful and inconsistent with municipal laws.
Local Government – Tariff Setting – Classification of properties for tariff purposes – Ultra vires and rationality – Municipal Systems Act compliance.
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21 July 2025 |
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Court upholds murder conviction of the first appellant based on credible identification but sets aside the murder conviction of the second appellant due to unreliable evidence.
Criminal law – Murder – Eyewitness identification – Reliability and credibility of adult and child witnesses – Doctrine of common purpose – Unlawful possession of firearm and ammunition – Requirements for joint possession – Appeal – When an appellate court will interfere with trial court credibility findings – Caution in accepting child witness evidence for identification.
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21 July 2025 |
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The court upheld a conviction for rape based on single witness testimony corroborated by medical evidence.
Criminal Law – Evidence – Single witness – Credibility and Corroboration – Consistency and credibility of a complainant's testimony in a rape case.
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21 July 2025 |
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Application for leave to appeal dismissed due to lack of bona fide defense against summary judgment.
Contract Law - Summary judgment in rental agreements - Application for leave to appeal - Adequacy of defenses in opposition to summary judgment.
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21 July 2025 |
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Plaintiff proved insurance driver's negligence but contributory negligence extent delayed until quantum determination in accident case.
Road Accident Fund – Passenger claim – Negligence – Requirement to prove 1% negligence on the insured driver – Contributory negligence for not wearing a seatbelt
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21 July 2025 |
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The state's application for condonation of late appeal against bail was dismissed due to procedural failures.
Criminal Procedure – Appeal against bail decision – Condonation for late filing – Failure to follow prescribed procedures.
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21 July 2025 |
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Applicant's interim interdict application dismissed due to unproven allegations of fraud regarding payment under demand guarantees.
Commercial law – Demand Guarantees – Allegation of fraud in demand claims – Interim Interdict denied due to lack of proof of fraudulent intent.
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21 July 2025 |
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Application for leave to appeal dismissed due to lack of reasonable prospects of success or compelling reasons.
Appeal – Application for leave to appeal – Condonation for late application – Reasonable prospects of success – Compelling reasons for appeal.
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18 July 2025 |
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Biological father's exemption from parental duties via gamete donor agreement denied under Children's Act, prioritizing child welfare.
Family Law – Artificial fertilisation – Gamete donor agreement validity – Children’s Act, section 40(3) application – Best interests of the child.
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18 July 2025 |
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Court finds respondent's reliance on res judicata and lis pendens unfounded and orders disclosure of requested documents.
Property Law – Sectional Title Schemes – Resolution validity – Res judicata and lis pendens defenses – Access to records.
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17 July 2025 |
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The court dismissed the application for leave to appeal, confirming the appropriateness of the general damages awarded.
Civil Procedure – Leave to Appeal – Threshold for reasonable prospects of success – Interpretation of section 17(1)(a) of Superior Courts Act.
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17 July 2025 |