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Citation
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Judgment date
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| September 2025 |
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Applicant’s challenge to voluntary winding-up and request to force a creditors’ compromise was dismissed; winding-up valid and compromise unsanctionable.
Company law – voluntary winding-up – validity of winding-up resolution – director’s fiduciary duties – Statement of Affairs timing – section 155 compromise procedure – court cannot impose compromise on creditors.
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17 September 2025 |
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An arbitral award must be made an order of court unless set aside on the limited statutory grounds in s 33.
Arbitration Act – s 31(1) award may be made an order of court – s 33 limited grounds to set aside award – errors of law not ordinarily gross irregularity – effluxion of time and contractual clause allowing extension – public policy and capacity defenses for arbitration.
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17 September 2025 |
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Leave to appeal dismissed: no reasonable prospects, factual disputes unavailable after absence of answering affidavit; costs attorney-and-client.
Rule 6(5)(d)(iii) – reliance on notice without answering affidavit means founding affidavit’s averments are taken as established; disputes of fact cannot thereafter be raised; lis alibi pendens – cannot be invoked where related issues are factual and no opposing version is placed on affidavit; Superior Courts Act s 17 – leave to appeal requires reasonable prospects or compelling reasons; lease interpretation – jurisdiction clause construed to permit proceedings in any competent court; costs – contractual attorney-and-client costs upheld; procedural delay – unacceptable registrar/respondent delay noted.
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17 September 2025 |
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Court postponed Rule 46A execution application pending full factual supplementation and assistance to secure legal representation.
Rule 46A – execution against primary residence – proportionality enquiry – applicant’s duty to place material factual developments before court – entitlement to legal aid/pro bono assistance in civil proceedings affecting constitutional right to housing – supplementation of papers and postponement sine die.
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16 September 2025 |
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Contextual construction found Canfleet intended as debtor; no prima facie fraud or s424 liability, appeal dismissed.
Contract interpretation — contextual approach to inconsistent agreements; "division" as drafting anomaly versus separate juristic entity; waiver and acquiescence by conduct; fraudulent misrepresentation — requirements and absence of prima facie case; section 424(1) Companies Act — no proof of reckless or fraudulent trading.
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16 September 2025 |
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Photographer (via employer) retained copyright; influencer’s unauthorised commercial use infringed copyright—reduced usage damages awarded.
Copyright – ownership of photographs – s21(1)(c) may be excluded by agreement (s21(1)(e)); Authorship of photographs – ‘composition of the photograph’ denotes the photographer’s role (angle, lighting, timing, editing); Originality – photograph requiring skill, judgment or labour; Infringement – commercial use without licence; Damages – proven usage fee, excluding unproven or inflated items; s24(2) knowledge/ignorance defence assessed on evidence.
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16 September 2025 |
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Court finds respondent in contempt for failing to record the applicant on the child’s birth certificate and enforces contact via parenting coordinator and sanctions.
Family law – enforcement of parenting and administrative orders – contempt for failure to record a parent on a birth certificate; coercive suspended custodial sentence. Family law – breach of contact order – declaration of non‑compliance, variation of contact timetable and appointment of parenting coordinator and therapist. Children’s interests – prevention of parentification and alienation; appointment of professionals and cost‑sharing (70% applicant/30% respondent). Costs – respondent ordered to pay applicant’s costs on party‑and‑party scale inclusive of counsel (Scale B).
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16 September 2025 |
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Estate entitled to recover past medical expenses despite medical scheme payments; SCA precedent Bane v D'Ambrosi is binding.
Road Accident Fund liability — recoverability of past hospital and medical expenses paid by a medical scheme; payments by medical schemes are res inter alios acta (Bane v D'Ambrosi) — hearsay objections defeated by confirmatory affidavits — stay/postponement requires substantive application and proper notice.
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15 September 2025 |
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Applicant entitled to transfer; municipality's delayed, unexplained reactive review and lack of factual foundation dismissed.
Municipal law – Disposal of municipal land – Unsolicited bids – Compliance with MFMA and Municipal Supply Chain Management Regulation 37; Condonation for delay in reactive review – requirement of full and honest explanation; Specific performance – transfer of immovable property where purchaser paid – sheriff authorised to sign if municipality defaults; Review – factual foundation required to set aside sale.
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15 September 2025 |
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Rescission refused where applicant failed to prove lack of notice and service complied with rule 4A.
Rule 42(1)(a) – rescission of judgments allegedly granted in absence of a party; electronic service – compliance with rule 4A by transmitting to address selected by party; no duty to obtain read receipt; necessity to plead and prove lack of notice in founding affidavit; unproven informal arrangements cannot defeat valid electronic service.
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15 September 2025 |
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Rescission refused where domicilium service was effective and the guarantor lacked a bona fide defence.
Civil procedure — rescission of default judgment — service at nominated domicilium by affixing process — effectiveness of domicilium service; rescission criteria (Chetty) — reasonable explanation, bona fide defence with prospects of success, bona fides; guarantees — obligations of guarantor and public policy challenge to enforcement; condonation for late filing — interest of justice.
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15 September 2025 |
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The respondent’s motion for monetary judgment in a pending action was set aside as an irregular step; s173 was not established.
Rule 30 – irregular step – application for monetary judgment in pending action; inherent jurisdiction (s173) – sparing exercise, two-stage enquiry; amendment of title does not cure substantive irregularity; protection against prejudice and impairment of substantive rights; costs on scale C.
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15 September 2025 |
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An application for motion judgment in a pending action was an irregular step; s173 not available absent a clear procedural lacuna.
Civil procedure – Rule 30 irregular step – motion for judgment in pending action – scope of Rule 30; Inherent jurisdiction (s173) – sparing exercise, requires clear lacuna and specifics for developing procedure/common law; prejudice to trial rights and section 34 rights; amendment of application title immaterial.
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15 September 2025 |
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Allegation of identity theft and misread bank statements created a bona fide triable defence; summary judgment refused.
Summary judgment — bona fide defence — identity theft allegation and denial of signature — triable issue requiring refusal of summary judgment; Plea v affidavit — facta probanda vs facta probantia — no contradiction; Misinterpretation of bank statements — opening balances vs repayments; Appeal — interference with discretion only for misdirection or unreasonable decision.
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15 September 2025 |
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Payment misdirected via probable email tampering does not discharge the debtor; debtor must verify and remains liable.
Settlement agreement – disputed electronic versions and bank account details – possible business e‑mail compromise/spoofed address – disputed signature and alleged tampering. Payment law – payment into wrong account due to interception does not discharge debt – risk lies with debtor. Duty to verify banking instructions before payment – failure to verify renders debtor liable for unpaid instalment, interest and costs. Electronic file management – practitioners must properly manage CaseLines records; non‑compliance may attract adverse cost orders.
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15 September 2025 |
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Interim Rule 43 order extended in toto, but sleepover contact deferred pending social worker’s report and children's best interests.
Children’s Act – Rule 43 interim orders – extension of interim maintenance and contact orders pending final determination – best interests paramount – sleepover contact deferred pending social worker’s report – variation of parenting plan/order requires appropriate process (VN v MD considered).
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15 September 2025 |
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Quantum for the applicant's 15‑hour unlawful arrest and detention assessed at R40,000 as fair solatium.
Delict — Unlawful arrest and detention — quantification of solatium; factors to consider: duration and manner of arrest, publicity, cell conditions, risk to safety, stigma; comparative authorities (Seymour, Motladile, Mbata, Diljan) — courts must balance protection of liberty and dignity with avoiding extravagant awards.
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15 September 2025 |
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Guarantor’s procedural challenges to enforcement dismissed; NCA inapplicable and factual points unproven, judgment and costs awarded to the bank.
Enforcement of guarantees; National Credit Act inapplicability where principal debtor is juristic person above thresholds; tacit relocation requires proof of acceptance of payments; validity of bank demand construed as claim for shortfall; onus on respondent to substantiate factual disputes; court may refuse belated affidavits sought for delay; attorney-and-client costs recoverable under agreements.
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15 September 2025 |
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Applicant failed to show good cause for condonation of late rescission; application dismissed with costs.
Family law – rescission of divorce order – condonation for late rescission under Rule 31(2)(b) – factors for condonation (nature of relief, extent and cause of delay, reasonableness of explanation, prejudice, prospects of success) – common-law rescission test (reasonable explanation, bona fides, prima facie defence).
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15 September 2025 |
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Leave to appeal refused: applicant lacked reasonable prospects and no compelling reason to hear appeal.
Appeal — leave to appeal — s 17 Superior Courts Act — reasonable prospects of success required; Contract — warehousing and distribution — claim for specific performance; Abandonment of counterclaim — effect on appeal prospects; Costs — costs follow the event — Scale C awarded.
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15 September 2025 |
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Final interdict granted to restrain racially derogatory and defamatory publications; truth and free-expression defences rejected.
Defamation and interim/final interdict — defamatory and racially charged communications via email — truth and freedom of expression defences — contextual, objective test for racist/derogatory meaning — urgency and final interdict to protect reputation and dignity — punitive costs awarded.
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13 September 2025 |
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Court stayed part of CSOS adjudicator’s order pending appeal and directed 2020 conduct rules to apply.
Community schemes — short-term letting — validity and amendment of conduct rules under STSMA s10 — CSOS adjudicator’s powers — appeal on question of law under s57 CSOS Act — stay pending appeal — application of s18 Superior Courts Act and Rule 45A — joinder and condonation — strike-out under Rule 6(15) — civil contempt requirements (service, non-compliance, wilfulness).
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12 September 2025 |
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An unlawful occupier’s defence to eviction failed under PIE where a TEA report and balancing of interests made eviction just and equitable.
PIE Act – eviction of unlawful occupier – two‑pronged just and equitable enquiry – balancing occupier’s personal circumstances against lawful leaseholder’s property rights. Temporary emergency accommodation (TEA) reports – evidentiary weight where based on occupier’s own statements – relevance to PIE defences. Costs – award of party‑and‑party costs including counsel’s fees where counsel acted pro bono; cession of costs under s92(1) Legal Practice Act.
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12 September 2025 |
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Applicant’s urgent application to reinstate expelled children was struck from the roll for self-created lack of urgency.
Urgency – Uniform Rule 6(12); self-created urgency; minor children’s constitutional rights (s 28(2)) do not render matters urgent per se; availability of alternative remedies (public schooling, legal aid); discretion as to costs where poverty and children implicated.
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12 September 2025 |
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Applicant granted continuation of home-related payments, medical aid, vehicle provision and R400,000 legal-cost contribution pendente lite; many annexures struck out.
Family law — Rule 43 (pendente lite) — interim spousal maintenance, protection of jointly owned former matrimonial home, medical aid and cellphone provision, vehicle provision or equivalent, contribution to legal costs; striking out excessive or irrelevant affidavit annexures and costs consequences.
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12 September 2025 |
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An applicant may obtain a tailored interdict against third‑party approaches that unlawfully jeopardise a development, while preserving lawful litigation rights.
Commercial law – unlawful interference with business relations – direct approaches to funders and third parties as unjustified intrusion; Interim relief – tailored interdicts and undertakings – balancing protection of commercial project with right to pursue lawful litigation; Harassment and intimidation – scope of relief where threats create leverage but are ambiguously framed as ‘litigation’; Relief – prohibitions on contacting specified stakeholders, misuse of confidential information, proximity restriction; Costs – undertakings that are incomplete justify continued litigation and costs award.
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12 September 2025 |
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Applicant granted urgent interdict restraining respondents from obstructing removal of company assets and ordering their return.
Urgent interim relief – interdict to prevent interference with removal of company assets. Corporate governance – validity of board resolution, round‑robin resolution and ratification to authorise urgent litigation. Property and possession – order for return of removed assets and sheriff authorization (with SAPS) to attach and deliver. Costs – award of costs on Scale C against first respondent.
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11 September 2025 |
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Court grants tailored final interdicts enforcing restraints and confidentiality against former employees and a competing company.
Restraint of trade; confidentiality and trade secrets; urgency and self‑created urgency; adequacy of damages vs interdict; National Credit Act defence inadequately pleaded; disputes of fact in motion proceedings; tailoring and proportionality of restraints.
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11 September 2025 |
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Perfection order and seizure of assets created sufficient urgency to warrant provisional winding-up despite limited opposition.
• Company law – provisional winding-up – urgency in insolvency proceedings – perfection order and seizure of assets as trigger for urgency.
• Civil procedure – urgent applications – respondent must present case in one answering affidavit; no piecemeal further affidavits.
• Insolvency – competing claims to movable assets – role of liquidator to investigate and secure assets.
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11 September 2025 |
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Liquidation vests assets in liquidators who may obtain possession to satisfy instalment-creditor rights despite prior in personam family orders.
Insolvency and liquidation – assets vest in liquidator – liquidator’s duty to collect and realise assets – instalment sale agreements under s 84 Insolvency Act creating hypothec – liquidator obliged to obtain possession to deliver to instalment creditor; Family/divorce orders (Rule 43) are in personam and do not bind liquidators or defeat liquidators’ statutory rights; rei vindicatio judgment between prior parties does not preclude liquidator’s statutory remedies.
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10 September 2025 |
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Court dismisses leave to appeal in boundary wall encroachment dispute, confirming compensation rather than demolition as a just remedy.
Civil procedure – Leave to appeal – Encroachment – Court’s discretion – Monetary compensation versus removal – Stringent test for leave to appeal – Appellate restraint – Section 17(1) Superior Courts Act – Boundary wall dispute.
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9 September 2025 |
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Application for leave to appeal against summary judgment dismissed due to lack of reasonable prospects of success and insufficient factual defence.
Leave to appeal – summary judgment – compliance with Rule 18(6) of High Court Rules – bona fide defence – reckless lending – amendment of pleadings – prospects of success on appeal.
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9 September 2025 |
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An applicant creditor may seek winding up based on commercial insolvency, relying solely on the indemnity agreement for locus standi.
Company law – liquidation – standing to apply for winding up – creditor rights – interpretation of indemnity and guarantee agreements – locus standi derived from indemnity agreement and not guarantee agreement – respondent not party to guarantee agreement – commercial insolvency.
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9 September 2025 |
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Proceedings vitiated where the accused was not legally represented by an authorised practitioner, necessitating a fresh trial.
Criminal procedure – right to legal representation – accused not represented by authorised attorney – vitiation of proceedings – conviction and sentence set aside – retrial ordered.
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9 September 2025 |
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Leave to appeal against dismissal of a contempt application refused for lack of prospects and urgency or compelling reason.
Applications for leave to appeal – Superior Courts Act s 17 – contempt of court – urgency – prospects of success – what constitutes compelling reasons for leave to appeal – mens rea for contempt – delay and engagement in settlement impacting urgency.
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8 September 2025 |
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Removal of executor for grave breaches of fiduciary duty, maladministration, and conflict of interest to protect estate beneficiaries.
Deceased estates – removal of executor – section 54(1)(a)(v) Administration of Estates Act 66 of 1965 – dereliction of duty, maladministration, fraud, conflict of interest – Plascon-Evans rule – sufficiency of evidence for removal – irreparable breakdown of relationship between co-executrixes imperilling proper administration – appointment of independent executor.
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8 September 2025 |
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A court granted an eviction order against unlawful occupiers, finding insufficient evidence of potential homelessness or alternative accommodation steps.
Eviction – Unlawful occupation – Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE) – Lawfulness of occupation – Just and equitable standard – Homelessness – Onus on occupier to establish relevant personal circumstances – Delay to accommodate minor child.
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7 September 2025 |
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A party cannot advance delictual claims for breach of duties arising solely from a contractual relationship.
Civil Procedure – Amendments to pleadings – Distinction between delictual and contractual remedies – When delictual claims are available in contractual relationships – Prescription – Rule 18(10) quantification of damages.
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7 September 2025 |
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Conflicting High Court judgments on the reviewability of Legal Practice Council decisions justify granting leave to appeal to the full court.
Civil procedure – Leave to appeal – Section 17(1)(a) of the Superior Courts Act – Conflicting judgments as compelling reason to grant leave – Review threshold of Legal Practice Council decisions – Legal certainty.
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7 September 2025 |
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Applicant's rights under a share cession lapsed on repayment of debt, precluding any right to interdict a shareholder meeting.
Company law – Cession of shares – Out-and-out cession versus cession in securitatem debiti – Repayment of underlying debt and effect on shareholder rights – Standing to interdict shareholder meetings – Companies Act procedural requirements – Urgent interdicts.
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5 September 2025 |
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The court dismissed an application for rescission under Rule 42, finding no patent error or mistake common to the parties.
Civil Procedure – Rescission under Rule 42 – Requirements for rescission – Patent error or omission – Mistake common to the parties – Judicial discretion in awarding costs – Distinction between rescission and appeal.
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5 September 2025 |
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Application for employment-related breach of contract dismissed due to unresolved disputes of fact and inadequate pleadings.
Labour law – Contractual claims distinct from unfair dismissal – Lis pendens – Material disputes of fact – Motion proceedings – Breach of contract – Procedural defects – Costs
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5 September 2025 |
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Appeal against minimum sentence for premeditated murder dismissed due to lack of exceptional circumstances and absence of remorse.
Criminal law – sentencing – premeditated murder and assault with intent to do grievous bodily harm – minimum sentence legislation – personal circumstances and prospects of rehabilitation – absence of substantial and compelling circumstances to deviate from prescribed sentence – absence of remorse – impact on victims.
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5 September 2025 |
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Court dismisses application alleging procedural irregularity from dual electronic case numbers and directs defendant to plead within 20 days.
Civil procedure – Irregular step – Electronic case management – Duplicate case numbers and profiles – Practice Directives for Court Online platform – Whether error in issuing and electronic filing constitutes an irregular step – No prejudice to opposing party – Application for relief dismissed.
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5 September 2025 |
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Application to recover alleged loan dismissed for failure to prove existence of agreement and attempt to resolve factual dispute on motion.
Civil procedure – motion proceedings – requirements for existence of contract – failure to make out case in founding affidavit – dispute of fact – loan agreement – punitive costs order.
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5 September 2025 |
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The High Court lacks power to grant leave to appeal its own appellate decisions, and applicant showed no prospects on review appeal.
Appeals – Leave to appeal – Competency of High Court to grant leave to appeal against its own appellate decision – Section 16(1)(b) of Superior Courts Act 10 of 2013 – Prospects of success in review matters.
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5 September 2025 |
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State granted leave to appeal magistrate’s decision granting bail where burden of proof and evaluation of exceptional circumstances were disputed.
Criminal procedure – Bail pending trial – Section 60(11)(a) of the Criminal Procedure Act – Burden of proof for exceptional circumstances – Assessment of circumstantial evidence – State’s obligation to disclose strength of case – Standard of proof in bail hearings – Appealability of bail decisions by the State.
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5 September 2025 |
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A homeowners association may hold virtual meetings if effective participation is ensured, but valid member objections require meetings be held in person.
Company Law – Homeowners association – Virtual shareholder/member meetings – Right of members to object to virtual meetings – Companies Act 71 of 2008 s 63(2) – Interpretation of Memorandum of Incorporation – Validity of resolutions taken at improperly convened meetings – Special developer voting rights (veto) – Oppressive conduct – Non-joinder.
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4 September 2025 |
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Leave to appeal dismissed where defendant failed to show prospects that appeal court would differ on authorization of disputed bank transactions.
Civil procedure – Leave to appeal – Reasonable prospects of success – Bank liability – Authority of signatories to transact – Raising new defences on appeal – Pure economic loss and Aquilian liability – Bank account resolutions – Pleading requirements.
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4 September 2025 |
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An applicant who withdrew flawed proceedings, despite early notice, was ordered to pay the respondents' costs on a party and party basis.
Civil Procedure – Costs – Withdrawal of proceedings – Costs follow the event – Exceptional circumstances for deviation – Reasonable belief in standing – Abuse of process.
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4 September 2025 |