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Citation
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Judgment date
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| November 2025 |
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Recent possession of stolen vehicle keys and phone supported robbery conviction despite acquittal on firearm possession.
Criminal law – Robbery with aggravating circumstances – Doctrine of recent possession – Possession of stolen vehicle keys and phone shortly after offence – Inference of participation – Appellate deference to trial credibility findings – Aggravating circumstance established where complainant threatened with what appeared to be a firearm.
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27 November 2025 |
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Validity of Rule 15 substitution and enforceability of an on‑demand guarantee despite alleged justus error.
Civil procedure – Uniform Rule 15 substitution by notice and Rule 15(4) remedy – Prescription – on‑demand/independent guarantees prescribe only from date of demand – Signature rule and justus error – binding effect of signing a guarantee – certificate of balance as prima facie proof of indebtedness.
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26 November 2025 |
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Rule 15 substitution upheld; on‑demand guarantee not prescribed; justus error defence rejected; judgment for applicant for R70 million.
Civil procedure – Uniform Rule 15 substitution by notice and Rule 15(4) challenge; Prescription Act – on‑demand guarantees prescribe only from demand; Motion proceedings – Plascon‑Evans/Wightman approach to disputes of fact; Contract law – signature rule and justus error; Certificates of balance as prima facie proof of indebtedness.
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26 November 2025 |
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Whether trustees may use trust funds to defend litigation and whether an interim interdict precluding such funding is justified.
Trust law – trustees’ indemnity and powers to defend litigation – interpretation of trust deed (majority decision-making, indemnity and expenses clauses) – interim interdict requirements – de bonis propriis costs and Beddoe-type pre-emptive funding applications – supervisory powers of court over fiduciaries invoked late and not appropriate interlocutorily.
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26 November 2025 |
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Applicant granted interdict: respondent restrained from using "Phoenix" in confusingly similar logistics trading names.
Trade and competition — Passing-off — Requirements: goodwill/reputation must exist when respondent entered the market; distinctiveness of common words; misrepresentation and likelihood of confusion assessed from the ordinary consumer’s vantage; admissibility of late supplementary affidavit; regulatory records and social-media profiles as evidence of continued confusing use.
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26 November 2025 |
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Applicant proved passing-off: respondent’s continued use of 'Phoenix' likely to confuse; final interdict and corrective orders granted.
Trade and competition – Passing-off – Elements: goodwill/reputation, misrepresentation/likelihood of confusion and damage – Reputation must exist when defendant entered market – Common words and secondary meaning – Admissibility of late supplementary evidence – Final interdict and corrective orders including registry updates.
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26 November 2025 |
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No exceptional circumstances justified extending bail where alleged magistrate misconduct was unsubstantiated and call records appeared falsified.
Criminal procedure — Bail pending review — Applicant exhausted appeals — Alleged judicial misconduct via cellphone communications — Allegations unsubstantiated and purported call records falsified — No exceptional circumstances to extend bail — Direction to report to correctional supervision.
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26 November 2025 |
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Whether a Rule 35(3) response must state the whereabouts of documents and warrant further discovery and inspection.
Civil procedure — Rule 35(3) discovery — peremptory obligation to state whereabouts of documents not in possession — adequacy of discovery responses — reliability of financial disclosure — condonation for late affidavit — divorce in community of property — order for inspection and costs.
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26 November 2025 |
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Applicant compelled respondent to provide compliant Rule 35(3) discovery and documents for inspection; costs awarded.
Civil procedure – Rule 35(3) discovery – peremptory requirement to state whereabouts of documents not in possession; condonation for late affidavit; material inconsistencies in financial disclosure in divorce proceedings (community of property) justify compelled discovery; costs awarded on scale B.
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26 November 2025 |
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Arrest and detention lawful under s40(1)(b) on reasonable suspicion of Schedule 1 offences; no malicious prosecution.
Criminal Procedure Act s40(1)(b) – arrest without warrant where reasonable suspicion of Schedule 1 offences (robbery, assault GBH, attempted murder); unlawful arrest and detention; malicious prosecution; effect of s174 discharge on lawfulness of prior arrest; resolving mutually destructive versions — probabilities and credibility.
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26 November 2025 |
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Applicant failed to show entitlement to interdict trustees from using trust funds to pay their legal defence; application dismissed with costs.
Trust law – trustees’ indemnity and use of trust funds for litigation – distinction between acting in representative capacity and personal capacity – interim interdict requisites – pre-emptive de bonis propriis orders inappropriate – trust deed interpretation and trustee resolutions authorising funding – costs orders (including punitive costs).
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26 November 2025 |
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The respondent’s claims about exposure to images and unlawful investigations were vague, disclosed no cause of action, and exception was upheld with leave to amend.
Pleadings — vagueness and embarrassment — Rule 23 and Rule 18(4) — conclusions must be supported by material facts; Cause of action — actio iniuriarum and invasion of privacy require factual averments; Vicarious liability — must allege facts showing actions in course and scope of employment; Leave to amend granted; costs to excipients.
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25 November 2025 |
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ESTA applies: social grants are not earnings; High Court lacks jurisdiction and PIE eviction dismissed with costs.
ESTA – definition of "occupier" – income threshold – interpretation of ESTA regulation 2(2) – social grants are not earnings; ESTA exclusivity ousts PIE and High Court jurisdiction – eviction proceedings belong in Land Claims Court.
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24 November 2025 |
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ESTA applies where an occupier lives on farm land and survives on social grants, ousting High Court jurisdiction under PIE.
Land law – Extension of Security of Tenure Act (ESTA) v PIE – definition of 'occupier' – income threshold – whether social grants constitute 'income' under Regulation 2(2) – jurisdiction of Land Claims Court – adequacy of affidavit evidence on motion.
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24 November 2025 |
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Whether Rule 53(4)'s "may" imposes a duty to notify respondents when an applicant elects not to amend its notice of motion.
Procedure — Uniform Rule 53(4) — meaning of "may" — discretionary power to amend notice of motion — no duty to notify respondents of an election not to amend; Review — search and seizure warrant set aside; respondents' duty to file answering affidavit once record furnished.
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24 November 2025 |
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Court granted divorce, awarded sole custody to applicant and suspended imprisoned parent's rights; asset claims postponed for procedural non‑compliance.
Family law – Divorce in absentia – custody and parental rights suspended during imprisonment; Civil procedure – set‑down and service irregularities; Rule 18(10) non‑compliance for illiquid claims; amendment not allowed from the bar without notice; claims against defendants who have failed to plead postponed sine die.
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24 November 2025 |
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Court grants Rule 34A interim payment for child's special damages, reduced and held in attorney's trust pending trustee appointment.
Procedure – Rule 34A interim payment – requirements: established liability, ability to pay, limited to special damages – quantum delay – curator ad litem/trust not prerequisite to interim payment – payment to attorney’s interest-bearing trust account pending trustee appointment.
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24 November 2025 |
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The respondent’s warrantless arrest for a minor traffic offence was unlawful; appellant awarded R50,000.
Criminal procedure – Warrantless arrest (s 40(1) CPA) – Jurisdictional facts required – Minor/regulatory traffic offences do not justify arrest; arrest must be proportionate – Burden on arresting officer to prove lawfulness – Right to freedom and security (s 12(1) Constitution) – Damages for unlawful arrest and detention.
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24 November 2025 |
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Applicant lacked standing to challenge settlement because a curator ad litem represented the incapacitated claimant.
Administrative law/procedure — locus standi — curator ad litem — standing to litigate for incapacitated person vests in court‑appointed curator; procedural irregularity of case number curable; non‑joinder not fatal where director and firm effectively one entity.
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24 November 2025 |
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Summary judgment granted where guarantor holding indemnity and mortgage bond proved debt and respondents raised no triable issue.
Civil procedure – Summary judgment (Rule 32) – defendant must raise bona fide triable issue to resist – guarantor/indemnity and mortgage bond confer standing on guarantor to sue – National Credit Act default notice compliance – execution and Rule 46A reserve-price calculation.
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24 November 2025 |
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Applicant lacked standing to challenge settlement because a court-appointed curator ad litem had authority to act for the claimant.
Constitutional and civil procedure — locus standi under section 38(b) — curator ad litem’s primacy to litigate for an incapacitated person; procedural irregularity (case number) not jurisdictional; non-joinder principles; costs follow result.
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24 November 2025 |
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Leave to appeal granted on whether lease clauses permit removal of assets or whether accession and evidentiary issues require trial.
Lease interpretation — removable assets clause — accession to land — whether items acceded or are removable — necessity of oral and expert evidence — appropriateness of motion proceedings — leave to appeal granted.
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24 November 2025 |
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Whether insurer may avoid cover for alleged misrepresentation, statutory non‑compliance and time‑bar; all issues resolved for the applicant.
Insurance law — separation of issues — misrepresentation relied on survey report — contemporaneous document reliability — certificates of compliance — distinction between negligence and recklessness under an all‑risks policy — policy time‑bar and effect of amended pleadings.
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21 November 2025 |
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The plaintiff’s alleged misrepresentation unproven; insurer cannot avoid cover for mere negligence; claim not time-barred.
Insurance law – separation of issues – reliability of contemporaneous survey reports – misrepresentation alleged by insurer – electrical certificates of compliance – distinction between negligence and recklessness in application of policy warranties – interpretation of policy time-bar clause.
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21 November 2025 |
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Leave to appeal granted because the appeal raises a credible dispute over building-contract interpretation.
Adjudication enforcement – enforcement of an adjudicator’s determination; Leave to appeal – requirement of reasonable prospects of success; Contract law – interpretation of building contract as central issue; Appeals – appropriate forum is Full Court, not necessarily the SCA; Costs – costs in the appeal ordered.
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21 November 2025 |
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Leave to appeal granted where appeal involves interpretation of a building contract and has reasonable prospects of success.
Civil procedure — Leave to appeal — Granting leave where appeal raises reasonable prospects of success on contract interpretation; adjudicator’s determination enforcement; Full Court vs SCA; costs awarded.
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21 November 2025 |
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Court awarded R1,636,019.60 loss of earnings and R300,000 general damages, applying a 60% contingency.
Road Accident Fund – quantum only – general damages and future loss of earnings – actuarial Basis 2 adopted – 60% contingency applied due to unsubstantiated income and precarious business – interim payment deducted – section 17(4)(a) undertaking for future medical costs – costs on High Court Scale B.
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21 November 2025 |
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Suretyships enforceable; signatories bound by documents they signed; no misrepresentation or duty to explain; judgment for bank with costs.
Suretyship – caveat subscriptor – signatory bound by document’s ordinary meaning; iustus error/mistake defence – misrepresentation or duty to inform must be shown; deponent’s authority and personal knowledge in bank recovery affidavits; facility certificate and suretyship certificate as prima facie proof of indebtedness; costs on attorney-and-own-client scale including Counsel’s charges.
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21 November 2025 |
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Applicant entitled to judgment on suretyships; respondents' mistake defence and affidavit challenges rejected.
Monetary judgment — Suretyship — Caveat subscriptor — Iustus error/mistake — Recoveries manager's affidavit adequacy — Bank manager's certificate as prima facie proof — No duty to explain standard surety terms — Costs on attorney-and-own-client scale.
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21 November 2025 |
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Leave to appeal refused: civil contempt proved beyond reasonable doubt; punitive sanction and attorney-and-client costs justified.
Civil contempt — requisites: order, service/notice, non-compliance, wilfulness and mala fides — proof beyond reasonable doubt; Superior Courts Act s.17 leave to appeal — elevated threshold; punitive vs coercive committal orders; attorney-and-client costs for vexatious or mala fide conduct.
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21 November 2025 |
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Leave to appeal dismissed: contempt established and punitive costs awarded for deliberate non-compliance.
Contempt of court — requisites: existence of order, service/notice, non-compliance, wilfulness and mala fides — proven beyond reasonable doubt; Leave to appeal — s17 Superior Courts Act — higher threshold (“would”); Coercive vs punitive committal orders — futility of suspended sentence; Attorney-and-client costs — appropriate to mark disapproval for vexatious or abusive conduct.
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21 November 2025 |
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Subpoena issued in motion proceedings without a Rule 6(5)(g) order is an irregular step and is set aside; condonation granted; costs to respondents.
Practice and procedure – motion proceedings – subpoena duces tecum issued without a Rule 6(5)(g) order constitutes an irregular step – condonation for late Rule 30 compliance – prejudice and discretionary setting aside – costs follow result.
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21 November 2025 |
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Registrar‑issued subpoena in motion proceedings set aside as irregular; condonation granted; costs to respondents on scale A.
Procedure — Motion proceedings — Subpoena duces tecum — Party‑procured subpoena irregular absent court authorisation under Rule 6(5)(g); Rule 30(2) relief to set aside irregular steps; condonation for short delays; costs follow result.
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21 November 2025 |
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Quantum determined for general damages and loss of earnings; 60% contingency applied and interim payment deducted.
Road Accident Fund — quantum assessment of general damages and future loss of earnings — unsubstantiated business income — adoption of actuarial assumptions and contingency (60%) — deduction of interim payment — section 17(4)(a) undertaking for future medical costs — costs on High Court Scale B.
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21 November 2025 |
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Leave to appeal refused where disclosure order to identify who removed disputed vehicle was within relief sought and had no reasonable prospects of success.
Property law – rei vindicatio and alternative relief – scope of relief in notice of motion; Civil procedure – leave to appeal under Superior Courts Act s17; Jurisdiction to order disclosure not expressly prayed for but within alternative relief; Mero motu issue-raising and opportunity to file further affidavits; Admissibility of new matter in replying affidavit; Credibility findings on affidavit evidence; Costs discretion; Late invocation of PAIA without merit.
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21 November 2025 |
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Summary judgment dismissed where plaintiff failed to prove and quantify claimed levies and interest due to inconsistent documents.
Sectional Titles Schemes Management Act – arrear levies and interest – necessity to establish and quantify debt for summary judgment – trustees' resolution versus pleaded rate of interest – insufficiency of annexed account to show computation – genuine dispute on quantum bars summary judgment; special pleas (lis pendens, res judicata) pleaded but not decided.
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21 November 2025 |
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Post-award setting aside of notice of withdrawal cannot retrospectively invalidate concluded arbitration or arbitration award.
Arbitration law – effect of subsequent court order setting aside notice of withdrawal – no retrospective effect on concluded arbitration; procedural irregularity (Rule 30) remedies limited to costs; arbitrator’s duty to proceed absent interdict; leave to appeal – section 17 Superior Courts Act – no reasonable prospects of success.
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21 November 2025 |
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Leave to appeal dismissed: post-award setting aside of withdrawal did not invalidate arbitration or the award.
Arbitration — Effect of post-award court order setting aside notice of withdrawal; Rule 30 irregular step; retrospectivity; arbitrator’s duty to proceed absent interdict; lis pendens and discretion to stay; leave to appeal under s17 Superior Courts Act; costs on Scale B.
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21 November 2025 |
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Missing loan/surety documents and disputed authorization of mortgage bonds raise triable issues; summary judgment refused.
Civil procedure – opposing summary judgment – absence of underlying loan and surety documents – registered mortgage bonds – triable issues and possible irregularity/fraud – summary judgment inappropriate; leave to defend granted; matter to trial.
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21 November 2025 |
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Court granted judgment and special execution under Rule 46A despite municipal prior charge, fixing a R1,000,000 reserve price.
Civil procedure — condonation for late affidavit; service and substituted service; National Credit Act issues incidental; Rule 46A — execution against (formerly) primary residence; municipal prior charges and negative equity; fixing of reserve price.
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21 November 2025 |
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Applicant failed to prove confidential trade secret or harm; restraint application dismissed despite urgency.
Restraint of trade – final interdict where no interim relief sought – onus to prove entitling facts on balance of probabilities; Plascon-Evans application to disputed facts; requirement to identify confidential information/trade secrets with particularity; absence of evidence of diverted mandates or loss – restraint dismissed; urgency and costs implications.
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21 November 2025 |
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Leave to appeal refused: non-owner’s lease did not bind liquidators and huur gaat voor koop was inapplicable.
Property law – Lease by non-owner – Binding true owner only by consent, adoption/ratification or huur gaat voor koop; huur gaat voor koop requires contractual transfer of ownership; title correction under s62 Deeds Registries Act does not invoke huur gaat voor koop – Leave to appeal (s17(1)(a) Superior Courts Act) requires reasonable prospects of success or compelling reason.
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21 November 2025 |
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High Court restrained execution of arrest warrant under a protection order where alleged "economic abuse" from refusing to sell matrimonial home was prima facie unjustified.
Domestic Violence Act – final protection order – scope of "economic abuse" – whether non‑co‑operation in sale of matrimonial home constitutes economic abuse; Appeal – effect on operation of final protection order (s 6(7)(b)) – suspension requires application under Magistrates' Court Act s 78; Civil remedies – enforcement of divorce decree via civil contempt, not domestic violence proceedings; Interests to intervene – mere mention in affidavit insufficient for standing.
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21 November 2025 |
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Title-deed recordals and pleaded consent can sufficiently aver homeowners' association membership; register entry is evidential only.
Pleadings — homeowners' association levies — title-deed recordal of membership — register entry evidential not constitutive; exception for failure to disclose cause of action — must show no reasonable interpretation or possibility of evidence to establish cause; consent as essential fact for membership.
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20 November 2025 |
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An owner's title-deed recordal and consent can establish homeowners' association membership; register entry is evidentiary, not dispositive.
Homeowners' association levies – membership by title-deed recordal and consent – entry in members' register evidentiary not constitutive – exception for lack of cause of action; pleading standards and common-sense approach.
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20 November 2025 |
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Whether an alleged oral agreement is admissible despite an entire-agreement clause, given the written contract’s open-ended ambiguity.
Contract law – sale of business – exception to particulars of claim – admissibility of alleged subsequent or partly implemented oral agreement despite entire-agreement and non-variation clauses – ambiguity between contract clauses permitting further agreement and a clause purporting to exclude items not listed on annexure – accounting/adjustment mechanisms.
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20 November 2025 |
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An open-ended written sale agreement and contradictory clauses mean alleged oral supplementary agreements and conduct cannot be struck out on exception.
Contract law – exception to particulars of claim – parol evidence/whole-agreement clause – agreement to agree – alleged oral supplemental agreement and partial performance – contradiction between contractual clauses – role of expert accountant – pleading sufficiency on exception.
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20 November 2025 |
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Appellate court found refusal of bail unreasonable; granted bail subject to conditions, rejecting speculative findings of flight risk and witness intimidation.
Criminal procedure – Bail appeal – Schedule 5 offence – Standard of review on appeal against refusal of bail – Flight risk – Use of pending charges as predictive evidence – Weight to be given to investigating officer's evidence and prior bail compliance – Conditions to secure attendance and prevent interference with witnesses.
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20 November 2025 |
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Whether the applicant proved a head injury and whether a R500,000 general damages award was justified.
Road Accident Fund — general damages — proof of head injury — admissibility and evidential weight of hospital records and expert reports without affidavit — apportionment of liability — costs discretion — arithmetic error not corrected absent cross-appeal.
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20 November 2025 |
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Court granted condonation, reinstated appeal and set aside malicious prosecution judgment for lack of reasonable and probable cause and malice.
Malicious prosecution — whether prosecution lacked reasonable and probable cause and was instituted with malice; condonation for late prosecution — factors, explanation for delay, bona fides, prejudice and prospects of success; objective test for reasonable and probable cause; prosecutorial discretion and differing professional opinions; costs — attorney and client for condonation application.
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20 November 2025 |