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Citation
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Judgment date
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| October 2025 |
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A wide indemnity obliged the co‑principal to indemnify the guarantor for guarantee‑related payments despite cession and non‑participation in the MOA.
Guarantee and indemnity – wide indemnity covering all losses arising from issuance of guarantee; Guarantee independent of underlying contract; Cession does not extinguish pre-existing indemnity liability; Formal demand not required to trigger indemnity; Co‑principal in solidum liability and waiver of exceptions enforceable; Rule 41A election not fatal.
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23 October 2025 |
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Applicant failed to prove insolvency; outdated valuation and accepted book debts defeated provisional sequestration.
Insolvency — provisional sequestration — proof of factual insolvency (s10(b)) — act of insolvency (s8(g)) — late reliance on new ground in heads of argument — valuation evidence must be current — onus on applicant to prove insolvency at hearing date; service objection under Rule 30A rejected.
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23 October 2025 |
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Application to rescind a Rule 46A reserve‑price order dismissed for failure to establish any rescission grounds.
Civil procedure – rescission of orders – Rule 46A reserve‑price order – whether susceptible to rescission; Rule 31(2)(b) – setting aside default judgment – wilful default and bona fide defence; Rule 42(1) – variation and rescission for orders erroneously granted, ambiguity, patent error or common mistake; Common‑law rescission – reasonable explanation for default and prospects of success; Costs – punitive attorney and client scale for frivolous/dilatory litigation.
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23 October 2025 |
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Court refused condonation for lengthy unexplained delay and granted eviction after lawful lease cancellation for rent arrears.
• Condonation – late filing of answering affidavit – inordinate delay, inadequate explanation, lack of full and honest account – condonation refused.
• Lease law – cancellation for breach after seven‑day demand – lawful cancellation where tenant in arrears.
• Eviction – unlawful occupation after lawful termination – order for vacant possession and sheriff enforcement.
• Costs – attorney-and‑client scale awarded against respondent.
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23 October 2025 |
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Extensive factual disputes about a POCA restraint, State liability and curator conduct require referral to trial.
POCA – restraint orders (s 26) – State liability for estate expenses post‑acquittal; Curator bonis – duties, accounting (s 83 Admin of Estates Act; s 32(2) POCA), removal/substitution (s 28(3)(a)(ii) POCA; s 54(1)(a)(v) Admin of Estates Act); Motion procedure v action – inappropriate to resolve broad disputed facts on affidavits; Relief sought: restoration of assets, declarator re curator competence (s 54(4)), disallowance of remuneration (s 84(2) Admin of Estates Act).
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22 October 2025 |
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Court refused to set aside student suspensions or interdict disciplinary inquiry absent exceptional circumstances.
Administrative law – interim relief against university disciplinary proceedings – application of the ‘exceptional circumstances’ test. Higher education – disciplinary powers and suspension pending inquiry – reasonableness of belief required under student discipline regulations. Procedural fairness – scope of precautionary suspensions and necessity of specific pleading to obtain narrowing relief. Judicial restraint – deference to internal disciplinary processes absent manifest unfairness.
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22 October 2025 |
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Uncontested expert affidavit evidence admitted under Rule 38(2) established plaintiff’s future loss of earning capacity under the narrative test.
• Civil procedure – Default trial and assessment of unliquidated damages – admission of expert affidavits under Rule 38(2) – reliance on Baliso. • Personal injury – head injury, hearing loss and fractured mandible – assessment of future loss of earning capacity – narrative test and Kerridge approach.
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21 October 2025 |
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Eviction under PIE granted where alleged oral transfer failed s2(1) formalities; punitive costs awarded against respondents and their attorney.
PIE Act – Eviction under s 4(2) – jurisdiction requires occupier to be unlawful at launch of proceedings; consent terminated by cancellation. Alienation of Land Act 68 of 1981 s 2(1) – oral agreements alienating land are of no force and effect; formal deed required. Just and equitable assessment under PIE s 4(7)–(8) – factors include notice, occupiers’ means, presence of vulnerable persons, and available alternative accommodation. Joinder procedure – improper/incorrect rule and abandonment can attract punitive costs; attorney liable where conduct warrants it on a punitive scale. Costs – attorney-and-client costs awarded where conduct warrants punishment; de bonis propriis refused for main eviction.
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21 October 2025 |
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Section 102(2) of the Systems Act does not prevent prescription of disputed municipal electricity charges.
Prescription Act – ordinary municipal consumption charges prescribe after three years; Systems Act s102(2) – does not prevent or delay prescription; Payments of monthly accounts do not interrupt prescription where disputed amounts are ringfenced; Court may grant declaratory relief, order write-off and reversal of interest/fees, and interdict termination of services.
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20 October 2025 |
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Urgent enforcement of an 18‑month restraint and protection of employer confidential information against ex‑employee and third party.
Restraint of trade — enforceability where compensation paid as part of salary — confidentiality — urgent interim interdict — waiver/condonation — third party restrained from using or facilitating use of employer’s confidential information — application of Plascon‑Evans credibility assessment.
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20 October 2025 |
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A company in liquidation lacks standing; rescission of a winding‑up order requires s354(1) application showing exceptional circumstances.
Companies Act s354(1) – rescission of winding‑up orders – standing of liquidator/member/creditor – Rule 31(2)(b) inapplicable – requirement of exceptional circumstances and full disclosure of company’s affairs – costs on scale A.
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20 October 2025 |
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Leave to appeal refused where delay in furnishing an account was bona fide, not deliberate contempt, and alternative remedies were available.
Civil contempt – requirements for contempt – deliberate and mala fide non‑compliance (Fakie test) – bona fide explanations negate contempt. Leave to appeal – Superior Courts Act s 17(1) — reasonable prospects of success required. Alternative remedies – use of dispute mechanism in prior order to challenge account inaccuracies. Costs – consequences of persisting with contempt proceedings after respondent furnished account.
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20 October 2025 |
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Summary judgment granted where respondent disclosed no bona fide defence, financial inability and arbitration clause insufficient to resist claim.
Commercial law – summary judgment – Rule 32(3)(b) – bona fide defence; contradictory pleadings and affidavits; inability to pay not a defence; arbitration clause reliance without stay application does not oust jurisdiction; annexure of documents under Rule 32(2)(b).
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20 October 2025 |
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Ex parte preservation under Chapter 6 POCA permissible; late reconsideration condonation refused and preservation order upheld.
POCA Chapter 6 – civil forfeiture – preservation orders under s38(2) – ex parte preservation permissible; audi alteram partem deferred. Preservation v forfeiture stages – prima facie standard for preservation; higher balance of probabilities for forfeiture. Reconsideration and rescission – affected parties may challenge preservation orders despite defective s39 notices, but condonation for late challenge required. Condonation – full explanation, prospects of success and prejudice assessed; inadequate explanation and negligible prospects warrant refusal.
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20 October 2025 |
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Summary judgment refused: respondent’s pleaded termination/estoppel defence raises triable factual issues; claimed sum not liquidated.
Civil procedure – Summary judgment (Rule 32) – Liquidated claim – amount must be ascertainable ex facie document; failure to particularise months and constituent charges renders claim not liquidated; factual dispute as to mutual termination and estoppel requires viva voce evidence; leave to defend granted.
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20 October 2025 |
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Court ordered municipal account corrections and attorney‑and‑client costs after municipality failed to justify erroneous rebate and meter charges.
Municipal billing – pensioner rebate entitlement – failure to apply and unexplained account credits; water meter allocation/duplication – improper charging from meter not on property; procedural irregularities – answering affidavit deposed by legal advisor without personal knowledge; inadmissible un‑explained document uploads; application of Plascon‑Evans and Wightman principles; costs awarded on attorney‑and‑client scale.
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20 October 2025 |
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Summary judgment granted where respondent failed to show a bona fide defence to cession and s129 non-compliance allegations.
Civil procedure – Summary judgment under Rule 32 – defendant must disclose bona fide defence. National Credit Act – s129 notice – proof of registered dispatch and track-and-trace to correct post office sufficient. Cession – debtor may not challenge valid cession to which he is not a party. Evidence – uncorroborated allegations of settlement insufficient to raise triable issue. Remedies – cancellation of instalment sale, return of vehicle, retention of payments, costs on attorney-and-client scale.
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20 October 2025 |
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Ex parte urgent application to suspend a section 417 inquiry dismissed for failure to give respondents notice.
Urgent procedure – ex parte applications – requirement to give notice unless justified – alleged threat insufficient where not relied upon at hearing – Section 417 Companies Act inquiry – dismissal of unnotified urgent application.
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20 October 2025 |
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Leave to appeal refused where unchallenged factual findings and the stringent standard for overturning oral findings left no prospects of success.
Leave to appeal — prospects of success — unchallenged factual findings after oral evidence — appellate standard: interference only if trial court clearly wrong; costs of leave application limited to respondents' disbursements.
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17 October 2025 |
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Two withdrawals of an indefinite refugee status were unlawful where the decision-maker failed to consider representations and was functus officio.
Refugee law – Withdrawal of refugee status – Procedural fairness – Failure to consider written representations – Functus officio – Review and setting aside of administrative decisions – Remedy: certification as indefinite refugee and costs on attorney-and-own-client scale.
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17 October 2025 |
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Trial postponed where parties failed to be trial‑ready and an interlocutory Rule 43(6) cost application was improperly raised from the bar.
Family law — divorce — trial readiness; Consolidated Practice Directives — joint practice note, pre‑trial conference, properly prefixed/indexed trial bundles; Rule 43(6) — contribution to legal costs — procedural requirements; Interlocutory applications — not to be made from the bar without prior order/papers; Service of subpoenas duces tecum — reasonable notice and effects on trial readiness; Costs — discretion and reservation pending trial finalisation.
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16 October 2025 |
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Statutory disciplinary decisions are administrative action under PAJA; no reasonable prospects that a common-law review or different interpretation would succeed.
• Administrative law – PAJA applicability – disciplinary/appeal boards constituted by statute ordinarily take decisions amounting to administrative action.
• Judicial procedure – mero motu raising of points of law – court may raise clear legal issues apparent on the papers where necessary to apply the law correctly.
• Civil procedure – interpretation of orders – phrase 'in toto' construed in context to mean all grounds of appeal upheld; costs decision deliberate and explained.
• Review procedure – no residual common-law review where PAJA applies absent persuasive authority or exceptional circumstances.
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15 October 2025 |
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Provisional sequestration granted after debtor’s written admission of inability to pay and creditor’s prima facie claim established.
Insolvency — Insolvency Act s8(g) (act of insolvency) — written admission of inability to pay — provisional sequestration under s10 — creditor’s certificate of balance as prima facie evidence — advantage to creditors where debtor holds company directorships/shareholdings.
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15 October 2025 |
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Final liquidation ordered where unpaid contractual debt and unanswered demand established respondent’s inability to pay and was unrebutted.
Company law – winding‑up – inability to pay debts – s 344(f) and s 345(1)(c) Companies Act 61 of 1973 – unanswered demand as prima facie evidence of inability to pay. Civil procedure – jurisdiction – local seat of Gauteng Division (Johannesburg) – ministerial determination and concurrent jurisdiction. Evidentiary burden – respondent required to rebut prima facie case with cogent evidence; unsupported averments insufficient. Costs – application costs to be costs in the liquidation.
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15 October 2025 |
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Court reduced experts’ private-rate medical estimate and exercised discretion on actuarial loss, awarding R1,850,000.
Damages — quantum assessment — medical expenses: private versus public healthcare rates; general damages assessment; actuarial reports as guides where unrelated dismissal affects loss calculations; judicial discretion to adjust expert figures; costs for medico-legal reports ordered.
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15 October 2025 |
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Police failed to justify shooting at a vehicle under s.49; use of deadly force held unlawful and State liable.
Criminal Procedure Act s.49 — use of force in effecting arrest; justification and onus; necessity and proportionality of deadly force; credibility and reconstruction of police evidence; vicarious liability of State for unlawful police shootings.
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13 October 2025 |
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A Rule 30 challenge to an appeal was dismissed for lack of demonstrated prejudice; Full Court should decide appealability and leave issues.
Special Tribunals – appeals – appealability of Tribunal orders pending determination of consequential remedies; interplay with s8(7) SIU Act and Tribunal Rules. Procedure – Uniform Rule 30 – limits of Rule 30 to challenge irregular steps under court rules; potential inappropriateness for challenging statutory appeal steps. Civil procedure – requirement to show prejudice to succeed in a Rule 30 application to set aside a procedural step. Jurisdiction and leave – Full Court is the appropriate forum to determine appealability and whether leave to appeal is required when seized of an appeal.
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13 October 2025 |
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Sequestration of a member requires an unsatisfied company judgment; untaxed costs are not liquid claims; legal representatives referred for investigation.
Companies law – Personal liability company – separate juristic personality; Insolvency – sequestration requires a liquidated claim and an act of insolvency; untaxed costs orders are not liquid claims; Nulla bona return – prima facie proof only if correctly rendered; Legal ethics – misleading affidavits may amount to professional misconduct requiring investigation by the Legal Practice Council.
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13 October 2025 |
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RAF held fully liable; court awarded R1,200,000 general damages and R2,700,343 for past and future earnings loss.
Road Accident Fund – liability for pedestrian struck by unknown vehicle – 100% liability where plaintiff’s version uncontroverted. Evidence – admissibility and reliance on experts’ reports/confirmatory affidavits under Rule 38(2) and s 3(1)(c) LEAA. Quantum – traumatic brain injury and ankle injury sequelae: general damages, future medical costs and loss of earning capacity. Actuarial valuation – acceptance of contingency reductions and present value calculations for past and future earnings loss.
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13 October 2025 |
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In a default RAF claim the court accepted uncontested medical and actuarial evidence and awarded R3,192,895 with a 100% medical undertaking.
Road Accident Fund liability – default judgment procedure – admissibility and sufficiency of Rule 38(2) affidavit evidence; assessment of general damages for brain injury; loss of earning capacity—actuarial valuation and contingencies; section 17(4)(a) undertaking for future medical expenses.
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13 October 2025 |
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Registered-post track-and-trace showing dispatch and notification satisfied NCA s129; rescission refused and costs awarded.
• National Credit Act s129 – requirements for notice by registered mail; track-and-trace evidence and notification by post office.
• Rescission – Rule 42 (judgment erroneously granted) and Rule 31 (good cause).
• Kubyana principles applied: objective proof that notice was sent and post office notification generally suffices.
• Domicilium/choice of postal service – form should not defeat substantive compliance.
• Commissioning technicality does not automatically invalidate affidavit.
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10 October 2025 |
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Compelling SENS publication refused where urgent application lacked full disclosure and constituted abuse of court process.
Urgent relief — SENS publication — price-sensitive information — duty of full and frank disclosure in urgent applications — internal remedies (Financial Services Tribunal) — abuse of court process — punitive costs (attorney and client).
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10 October 2025 |
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Court found a valid customary marriage (14 May 2011), declared the later antenuptial and civil marriage invalid, and ordered divorce, asset division, child and spousal maintenance.
Family law – Recognition of Customary Marriages Act – validity of customary marriage where lobolo negotiations, umembeso and umbondo were performed; consent and communal rites established. Matrimonial property – customary marriage defaults to community of property and profit and loss; postnuptial alteration requires judicial oversight; antenuptial contract executed post-ceremony invalid. Relief – decree of divorce, division of joint estate; appointment of receiver/liquidator. Children – parental responsibilities and rights awarded jointly; primary residence to mother; child maintenance ordered R25,000 per child. Spousal maintenance – claimant established need; award of R67,167 per month, escalated by CPI. Costs – successful party awarded costs, with specific apportionment.
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10 October 2025 |
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Court adjourned applicant's conversion application, prioritising creditor majority and ongoing sale prospects over immediate liquidation.
Companies Act s132(2)(a) — conversion of business rescue to liquidation — court discretion; prolonged business rescue and BRP conduct as grounds for conversion; weight to be given to majority creditors' wishes; misjoinder of related companies; non-joinder of creditors reserved for later determination; adjournment under s347(1) to permit finalisation of prospective sale.
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10 October 2025 |
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Urgent application struck off for self‑created delay and failure to prove irreparable prejudice pending ordinary review.
Urgent applications — self‑created urgency — requirement to explain delays and show inability to obtain substantial redress at a hearing in due course — interim interdict — failure to prove irreparable financial prejudice — sporting disciplinary review.
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9 October 2025 |
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Leave to appeal dismissed: contempt order upheld for non-compliance with prisoner study access, laptop and internet orders.
Contempt — enforcement of court orders for prisoner study access — availability of functional laptop and internet — leave to appeal — urgency and prejudice — rescission application does not automatically stay execution — execution at maximum security prison — consideration of affidavits and court record management (Caselines).
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8 October 2025 |
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Application to stay magistrate’s execution dismissed for lack of urgency, procedural non-compliance, and improper reliance on section 173.
Urgency — self-created urgency and non-compliance with Practice Directives; Res judicata — no final order made; Lis pendens — different causes of action/relief; Section 173 — not triggered absent demonstrated procedural gap; Procedural defects and incorrect case number not condoned.
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8 October 2025 |
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Interlocutory discovery orders are not appealable absent exceptional 'interests of justice' circumstances; commercial sensitivity insufficient.
Civil procedure – interlocutory discovery orders – appealability – Zweni test – 'interests of justice' exception – commercial confidentiality not a general bar to discovery – Continental Ore distinguished as prematurity.
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7 October 2025 |
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Applicant failed to establish urgency or the required elements for an interim interdict to stay eviction execution.
Civil procedure — urgency — self-created urgency; interim interdict — requirements (prima facie right, irreparable harm, balance of convenience); stay of execution pending rescission — additional requirements; lease law — cancellation in writing defeats prima facie right to occupy.
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7 October 2025 |
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Leave to appeal dismissed: Rule 43 orders non‑appealable; applicant failed to show reasonable prospects; costs awarded.
Rule 43 — Contribution towards matrimonial costs — Appealability — Section 16(3) Superior Courts Act; Leave to appeal — Section 17(1)(a) SC Act — heightened threshold: reasonable prospect of success required; Interim orders — Rule 43(6) variation mechanism; Costs — attorney-and-client; de bonis propriis not warranted absent egregious conduct.
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7 October 2025 |
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Urgent defamation relief granted: Facebook posts found defamatory; deletion, apology, interdict and costs ordered.
Defamation — social media publications — truth, public interest, fair comment and reasonable publication defences — urgency and continuing wrongful acts — Rule 6(5)(e) supplementary affidavits — deletion, interdict and apology as remedies — costs awarded.
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7 October 2025 |
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Provisional sentence granted: payment plan and accommodation are liquid documents; NCA does not render them unenforceable.
Provisional sentence – liquid document – acknowledgement of debt and accommodation of payment – requirements for liquidity – distinction between compromise/novation and rescheduling – application of National Credit Act – incidental credit (late-payment charges) not a credit agreement – admission of further affidavits in provisional sentence proceedings.
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7 October 2025 |
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Court allowed respondent to file a late further affidavit in liquidation proceedings, prioritising fairness and prejudice.
Companies law – winding‑up/liquidation application – application for leave to file further affidavit – discretionary relief governed by factors (reason for lateness, materiality, risk of tailoring, balance of prejudice, stage of litigation, costs, finality) – fairness and prejudice determinative – tender to pay not equivalent to payment – potential voidable preference to be determined at main hearing.
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7 October 2025 |
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A municipality’s unexplained delay resolving a properly raised dispute cannot indefinitely suspend prescription; disputed back‑charges prescribed.
Prescription — municipal debt — whether s 102(2) Systems Act or municipal credit‑control policy suspends or postpones prescription; prolonged unexplained delay in resolving a properly raised dispute cannot indefinitely suspend prescription. Tacit acknowledgement — payment of current consumption charges does not equate to acknowledgment of disputed back‑charges. Municipal account reconciliation and crediting urgent‑order payment. Onus — debtor proves prima facie prescription; burden shifts to creditor to prove interruption or suspension.
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6 October 2025 |
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Leave to appeal refused against interlocutory refusal to strike out; adverse costs ordered for abusive conduct.
Civil procedure – Leave to appeal – Interlocutory order refusing to strike out defence – generally not appealable absent exceptional circumstances; application must show reasonable prospects under s17(1) Superior Courts Act. Civil procedure – Rule 21 notice – reliance must be on notice before the court; inability to rely on a notice not in founding papers undermines strike-out application. Costs – abusive or disrespectful conduct towards the court may justify an increased adverse costs order (Scale C).
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6 October 2025 |
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Leave to appeal refused: applicant failed to show reasonable prospects or compelling reasons; ordered to pay costs on Scale C.
Leave to appeal — heightened test for reasonable prospects of success — section 17(1) Superior Courts Act — applicant failed to show appeal would succeed — no compelling reasons to grant leave — costs follow result; costs of counsel on Scale C.
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6 October 2025 |
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Rescission refused: initials on uploaded, witnessed surety and audit trail establish a valid signed surety; no bona fide defence or fraud shown.
• Civil procedure – rescission of summary and default judgments – requirements for rescission: fraud, iustus error, or good cause and bona fide defence under Rule 31(2)(b).
• Contract/suretyship – signature requirement (General Law Amendment Act s6) – initials can amount to signature when context and evidence support intention to be bound.
• Electronic evidence – audit trail and uploaded signed documents corroborating execution of deed of suretyship.
• Practice – condonation for late rescission applications dependent on prospects of success; costs awarded attorney-and-client scale.
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6 October 2025 |
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Summary judgment refused where plaintiff failed to address defendant’s amended plea, breaching Rule 32(2)(b).
Civil procedure – Summary judgment – Applicant relying on original short special plea while defendant filed particulars and a fuller plea – Failure to address amended plea breaches Rule 32(2)(b) – Leave to defend granted; costs awarded against applicant (Scale A).
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6 October 2025 |
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Summary judgment refused where respondents raised a bona fide defence that hired IT equipment was decommissioned and not as agreed.
Civil procedure – Summary judgment – bona fide defence – allegation that hired IT equipment was not as agreed and had been decommissioned – detailed affidavit and serial-number references raising genuine disputes of fact – summary judgment refused; leave to defend granted.
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6 October 2025 |
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A fraud-based defence as to identity and nature of the contract raised a triable issue, so summary judgment against the guarantor was refused.
Civil procedure – Summary judgment – application for summary judgment against guarantor – whether plea and opposing affidavit disclose a bona fide defence and triable issue. Contract law – Misrepresentation/fraud – allegations that agreement induced by fraud as to identity and nature of contract defeat summary judgment. Guarantees – enforcement against guarantor suspended where triable issues exist on inducement by fraud.
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6 October 2025 |