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Citation
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Judgment date
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| October 2022 |
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Rescission application dismissed: applicants in wilful default and failed to show good cause or prima facie defence.
* Civil procedure – Rescission of judgment – Rule 31(2)(b), Rule 42(1) and common-law rescission – requirements of reasonable explanation, bona fides and prima facie defence. * Service and domicilium – effectiveness of service at nominated addresses and personal service of Rule 46A. * Wilful default – awareness of proceedings and deliberate failure to defend. * National Credit Act – alleged non-compliance with s129 notices and its relevance to enforcement proceedings.
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31 October 2022 |
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Interim order awards primary residence to respondent, specified contact to applicant, Family Advocate investigation and maintenance pendente lite.
Children’s Act—best interests standard—interim parental rights and responsibilities; primary residence awarded to parent caring for children; detailed contact schedule granted to non-resident parent; Family Advocate investigation ordered; maintenance pendente lite for spouse and children and contribution to legal costs ordered.
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31 October 2022 |
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Rescission of default judgment granted where Applicant showed bona fide defence that suretyship was terminated and gave reasonable explanation for default.
* Civil procedure – rescission of default judgment – Rule 31(2)(b) – requirements: reasonable explanation for default, bona fide application, bona fide defence.
* Suretyship – alleged termination following sale of company and bank representative’s confirmation – estoppel/representation and bank’s inaction.
* Condonation – late filing of rescission application and commissioning defect in opposing affidavit – granted.
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31 October 2022 |
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Application to set aside a 1999 transfer dismissed; transfer held lawful and title may only be altered by court order.
Property law – validity of transfer and registration of title; Deeds Registries Act – Registrar cannot cancel title without court order; Prescription Act – onus and knowledge for commencement of prescription; Motion procedure – resolving disputes of fact on affidavits; Costs – punitive costs require exceptional misconduct.
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31 October 2022 |
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A valid sale of a private company by its sole shareholder divested her rights; unilateral removal of the purchaser as director was unlawful.
Company law – Sale of company – Whether a company can be merx of a sale agreement; essentialia of sale (consensus ad idem, merx, price); effect of sale by sole shareholder; validity of unilateral removal of director; Companies Tribunal orders and CIPC registration.
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31 October 2022 |
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Spoliation: dispossession without consent or court order requires restoration; ownership disputes irrelevant.
* Civil procedure — Spoliation — Requirement: applicant must show peaceful and undisturbed possession and unlawful dispossession.
* Property law — Possession versus ownership — Spoliation protects physical possession; ownership disputes irrelevant in spoliation proceedings.
* Evidence — Police presence does not render removal lawful absent statutory seizure powers being exercised.
* Relief — Confirmation of interim spoliation order and costs awarded.
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31 October 2022 |
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The applicant’s leave to appeal was refused; respondents’ absence and failure under Rule 6(12)(c) left no reasonable prospects.
Superior Courts Act s17 – leave to appeal – elevated ‘reasonable prospects’ threshold; Rule 6(12)(c) – second jurisdictional fact – failure dispositive; service/return of service – fact before court; reasonableness of absence and reliance on authorities (Zuma; Chess South Africa; Freedom Stationery; Wilmar Continental; ISDN Solutions).
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28 October 2022 |
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Default judgment rescinded: claim lacked cause of action against the Minister and the NDPP should have been joined.
Rescission of judgment; Rule 42(1)(a) and Rule 31(2)(b); service on State Attorney; Rule 31(4) — no set-down required where no notice to defend; National Prosecuting Authority Act ss 33, 42 and s179 Constitution; prosecutorial decisions not Minister’s responsibility (Moleko); non-joinder of NDPP; lack of cause of action for malicious prosecution against Minister; costs in cause.
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28 October 2022 |
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Joinder refused where the claim against the proposed third defendant had prescribed and joinder did not interrupt prescription.
Prescription – whether joinder interrupts prescription; prescription pleaded in answering affidavit; date debt became due; joinder dismissed where claim prescribed.
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28 October 2022 |
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Tribunal’s failure to consider specialist reports and reliance on irrelevant factors rendered its non-serious injury finding reviewable and substituted.
Administrative law – PAJA review – failure to consider mandatory material considerations (specialist medico-legal reports); irrationality – reliance on irrelevant consideration (hairline coverage); remedial discretion – substitution order permissible where exceptional circumstances and decision is a foregone conclusion; personal injury – serious disfigurement assessment under RAF Act s17(1A).
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28 October 2022 |
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Applicant failed to prove authentic accreditation; court found the accreditation letter invalid and dismissed the review application.
* Administrative law – judicial review – challenge to termination/non-recognition of accreditation – necessity to establish existence and authenticity of accreditation instrument.
* Evidence – authenticity of document – allegation of irregular/fraudulent creation and lack of authority to sign – applicant’s bare denials insufficient.
* Motion proceedings – Plascon-Evans approach applies to disputed facts where final relief is sought.
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28 October 2022 |
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Plaintiff failed to prove causation for loss of earnings; unchecked expert assumptions and missing records undermined the claim.
Road Accident Fund – Loss of earnings – Causation – Need to prove direct link between accident and diminished earning capacity; Weight of expert evidence – limited where based on plaintiff’s uncorroborated account and absence of contemporaneous hospital records; Documentary discrepancies and plaintiff’s non‑testimony undermine credibility; Speculation insufficient for awarding damages.
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28 October 2022 |
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False allegations against estate administrators were defamatory; plaintiffs awarded R50,000 each.
Defamation – publication of allegations against estate administrators to professional and regulatory bodies; burden to prove truth or other defences; solatium for reputational harm to legal practitioners; costs on Magistrates’ scale.
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27 October 2022 |
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Interim temporary-authorisation orders to mitigate prejudice were not appealable; leave to appeal dismissed with costs.
Appealability — interim/remedial orders issued to mitigate prejudice — not final or definitive of rights — temporary authorisations under s21 Firearms Control Act; application for leave to appeal dismissed.
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27 October 2022 |
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Rail operator liable for child's injuries due to negligent omissions (no fencing, signs or speed restriction; driver delayed braking).
• Delict — negligent omissions by a rail operator; duty to protect public where settlements abut rail lines; foreseeability of harm.
• Safety measures — failure to provide accessible crossings, maintain fencing, erect warning signs, and to impose speed restrictions.
• Negligence — reasonable steps expected of operator and of train driver (speed reduction, timely braking).
• Causation — but‑for test applied to negligent omissions leading to collision.
• Joint liability — parental/supervisory liability not established where caregiver’s conduct was not shown to be negligent.
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27 October 2022 |
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Court enforces written lease despite COVID-19 deprivation claim and orders R1,800,000 plus costs against defendants.
* Contract law – lease agreement – validity and essentials of contract; * Performance – COVID-19 restrictions and alleged deprivation as a defence to lease obligations; * Arbitration clause – election by lessor to litigate; * Civil procedure – striking out affidavits vs. court ignoring irrelevant material; * Summary judgment – bona fide defence test.
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27 October 2022 |
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Plaintiff proved past medical expenses with supporting administrator affidavits; default judgment awarded R157,097.91 plus interest and costs.
* Road Accident Fund claim – past medical and hospital expenses – sufficiency of schedule and supporting documentation; use of payment administrator affidavits and ICD-10 coding to identify accident-related items.
* Default judgment – defence struck out – procedure for proving quantified heads of loss.
* Interest – application of Prescribed Rate of Interest Act read with section 17(3)(a) of the Road Accident Fund Act.
* Costs – award of agreed or taxed High Court costs, including counsel fees; payment directions to plaintiff's attorneys' trust account.
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27 October 2022 |
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Where receipt of emailed notice of taxation is disputed, sender must prove transmission; absence of proof renders taxation irregular.
* Civil procedure – Taxation of costs – opposed taxation proceeding set down by email – proof of electronic service required. * Electronic service – Rule 4A read with ECTA sections 21–26 – deemed receipt under s 23(b) triggered only when sender proves transmission or where exceptional circumstances exist. * Burden of proof – sender should produce an automatically generated 'sent report' to establish entry into addressee's system; mere assertion insufficient. * Rule 30 irregularity – failure to serve notice of set down of taxation entitles opposing party to rescission.
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26 October 2022 |
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Sequestration granted where unobjected tax assessments became final, leaving the respondent factually insolvent.
* Tax law – finality of assessments – Tax Administration Act s100(1)(b) – unobjected assessments binding and challengeable only by lawful rescission or appeal. * Sequestration – factual insolvency – assets less than liabilities demonstrated. * Civil procedure – default judgment stands where no timely objection or rescission. * Non-joinder – company not necessary where assessments are against the individual. * Badenhorst principle – inapplicable where debt is not bona fide disputed. * VAT – exemptions are statutory and not established by unsupported assertions.
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26 October 2022 |
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A Road Accident Fund directive rejecting past medical expenses paid by medical schemes is unlawful and set aside as inconsistent with s 17.
• Administrative law – reviewability of internal directives under PAJA; unlawfulness, irrationality and failure to consult. • Road Accident Fund Act (s 17) – Fund’s liability for past medical expenses; payment by private medical schemes not deductible. • Urgency – immediate prejudice to claimants and medical schemes justifies urgent review and interdict.
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26 October 2022 |
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Applicant failed to prove statutory requisites for forfeiture under section 9(1); appeal dismissed with costs.
Family law – Divorce Act s9(1) – forfeiture of patrimonial benefits – onus on claimant to prove duration, circumstances of breakdown and substantial misconduct – desertion alone insufficient; procedural law – substitution of deceased’s executor and reinstatement of appeal – interests of justice may justify condonation despite delays.
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26 October 2022 |
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Unauthorised attorneys' late opposition fails; purported co-business rescue practitioner appointment declared invalid.
* Companies Act – business rescue – appointment and removal of business rescue practitioners; * Condonation – late filing of opposition and counter-application; * Authority of attorneys – validity of board resolutions and ratification; * Corporate governance – board versus exco powers to appoint BRP; * Licence lapse – temporary non-renewal of CIPC licence does not automatically terminate BRP appointment.
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26 October 2022 |
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Plaintiff entitled to damages for negligent spinal fusion; RAF payment reduced but did not bar recovery against the State.
* Medical negligence – unnecessary spinal fusion (T10–T12) where injury was L1–L2 compression fracture – vicarious liability of State hospital.
* Prescription – knowledge of negligent surgery only acquired in September 2016; claim not prescribed.
* Institution of Legal Proceedings Against Certain Organs of State Act 40 of 2002 – notice issue considered and did not bar claim.
* Road Accident Fund payment – double compensation defence: RAF payment related to motor accident injuries and did not extinguish defendant's liability for negligent surgery.
* Quantum – holistic valuation of combined losses (R2,600,000) less RAF payment (R980,000) = R1,720,000 payable by defendant; costs including two counsel awarded.
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26 October 2022 |
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Rescission dismissed: applicant failed to explain default, show bona fide defence, and service by domicilium was valid.
Civil procedure – Rescission of default judgment – Requirements: reasonable explanation for default and bona fide defence with prospects of success; Service – Domicilium agreement and service by affixing – valid compliance; Registrar’s powers under Rule 31(5)(a) – default judgment; Postponement – indulgence requires good cause and absence of prejudice; Condonation – granted for late filings where no prejudice shown.
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26 October 2022 |
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Mandatory psychological assessment of existing children is not required; courts may order assessments where circumstances justify them.
* Child law – Surrogacy – Confirmation of surrogate motherhood agreements – Whether assessment of existing children by a clinical psychologist is required as a rule under s 295 of the Children's Act – Best interests principle requires individualized, case-by-case inquiry. * Surrogacy – s 295(c)(ii) emotional-availability criterion and KAF 2 suitability criteria as means to protect existing children. * Courts have discretion to order child assessments where parental reports or facts justify it; mandatory blanket assessments not required.
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25 October 2022 |
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Applicant failed to show reasonable prospects of success; leave to appeal dismissed with costs including two counsel.
* Civil procedure – leave to appeal – requirement to show reasonable prospects of success; mere possibility insufficient. * Interim interdict – requirements of prima facie right, irreparable harm, balance of convenience and absence of alternative remedies; sliding-scale approach considered. * Appeal route – application for direct leave to appeal to SCA declined.
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25 October 2022 |
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25 October 2022 |
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25 October 2022 |
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Applicants’ simultaneous temporary‑authorisation and licence applications were premature and an abuse of process; no PAJA failure established.
Administrative law – PAJA – alleged failure to take a decision; Firearms Control Act and Regulations – Regulation 23(2)(a) temporary authorisations (seven‑day rule) and simultaneous licence/temporary‑authorisation applications; abuse of process and prematurity of application; requirements for specificity and evidence in review applications; costs ordered against applicants.
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24 October 2022 |
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The applicant’s leave to appeal on loss-of-earnings was refused for lacking reasonable prospects and raising new, unpleaded oral grounds.
Application for leave to appeal — Rule 49 and s17 Superior Courts Act 10 of 2013 — elevated threshold for leave; alleged misdirection on loss of earning and weight of expert evidence; inadmissibility of new oral grounds not pleaded; leave refused.
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24 October 2022 |
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The applicant’s stay was refused for failing to show irreparable harm and for not rebutting title and bond registration.
Rule 45A – suspension of execution; discretion to grant stay where real and substantial justice requires it; registration of transfer and mortgage bond as prima facie proof of ownership; procedural route for rescission (Rule 31 v Rule 42); irreparable harm requirement for stays; costs follow success.
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24 October 2022 |
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Court awarded R350,000 general damages and directed actuarial quantification of future loss of earnings; resignation recommendation rejected.
* Road Accident Fund – quantum – assessment of general damages and loss of earning capacity where medico‑legal reports are uncontested and respondent absent
* Future medical contingency – likely ankle arthrodesis and lifelong assistive needs
* Loss of earnings – rejection of expert recommendation to force resignation; actuarial approach with contingencies directed
* Default hearing – uncontested expert evidence may be relied upon for quantum
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24 October 2022 |
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Whether execution of a court order permitting mid‑year commencement of nursing programmes pending appeal may be ordered contrary to regulatory requirements.
Superior Courts Act s 18(3) — exceptional circumstances and irreparable harm; administrative law — interpretation and application of regulatory prescription requiring a 44‑week academic year to fall within a single calendar year; legitimate expectation; limits on putting orders into operation pending appeal where execution would contravene regulations.
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24 October 2022 |
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A body corporate may not withhold a levy clearance certificate to compel compliance once all levies have been paid.
* Sectional Titles Act s15B(3)(a)(i)(aa) – levy clearance certificate limited to confirming payment of monies due to a body corporate; cannot be used to enforce non-monetary compliance.
* Sectional Title Schemes Management Act s3(1)(p) – body corporate’s duty to ensure compliance requires proactive enforcement, not use of clearance certificates as leverage.
* Interpretation – statutory embargoes construed strictly; levy clearance serves as security for debt recovery only.
* Remedies – refer disputes about building approvals to Community Schemes Ombud Service; body corporate must demand rectification when transgressions occur.
* Costs – punitive/attorney-and-client costs warranted where clearance certificate threatened as extortionate leverage.
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24 October 2022 |
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Leave to appeal granted to the Supreme Court of Appeal on prospects of success in applying Anton Piller principles.
Appeal – application for leave to appeal – prospects of success – principles in Dabelstein v Hildebrandt – Anton Piller applications – appropriate appellate forum.
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24 October 2022 |
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Interdict and eviction claims dismissed for lack of clear right, failure to pursue mediation and available administrative remedy.
* Procedural law – Rule 41A – obligation to consider mediation and to file required notice before litigation.* Constitutional/administrative law – SPLUMA s26(5) – availability of land-use amendment/rezoning as alternative remedy to litigation.* Civil/interdictory relief – requisites for final interdict (clear right; injury; absence of alternative remedy) – applicant must prove right and lack of alternatives.* Locus standi – applicant’s own averments of pending ownership dispute can defeat locus standi and a claim to a clear right.* Eviction and declaratory relief – cannot be granted where founding papers do not support such relief.
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24 October 2022 |
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Recission refused: applicant failed to show timely notice, good cause or a bona fide defence; punitive costs awarded.
Civil procedure – Recission of default judgment – Rule 31(2)(b) and common law requirements; reasonable explanation, bona fides and bona fide defence; condonation for late filing; service on mandated attorney; punitive costs (attorney-and-client) payable from sale proceeds.
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24 October 2022 |
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A High Court claim based on an alleged unfair dismissal was dismissed: exclusive LRA jurisdiction, prescription, and res judicata barred the action.
Labour law – jurisdiction – where plaintiff’s cause of action is essentially an unfair dismissal dispute the LRA’s specialist forums have exclusive competence; Prescription – debt arising from dismissal accrues on dismissal and referral to bargaining council does not, without more, interrupt prescription; Res judicata – a final arbitration award on dismissal operates as lis finita and bars subsequent litigation on same issues.
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21 October 2022 |
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An in rem setting aside of valuation rolls binds non-parties, requiring the municipality to reverse invalid rates and remedy affected owners.
Municipal rates and valuation rolls – In rem setting aside of 2012 Supplementary Valuation Roll and 2013 General Valuation Roll for vacant land – effect on non-parties – municipality obliged to reverse invalid vacant-land rates, recalculate interest and reimburse or credit overpayments; declaratory relief and consequential remedies enforceable without separate reviews.
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21 October 2022 |
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On unopposed evidence Court awarded R383,691; RAF 100% liable and must give s17(4)(a) undertaking and pay costs.
Road Accident Fund – passenger’s claim – default judgment after defendant’s defence struck out – Rule 38(2) affidavits accepted – quantum: actuarial contingencies adjusted – s17(4)(a) undertaking for future medical costs – costs on High Court scale including senior counsel and experts.
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21 October 2022 |
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The respondent is liable for the applicant's lost income after negligently losing a seized vehicle; damages quantified at R893,859.
Police impound – duty of care for seized property; delictual liability for loss of seized goods; proof of loss of income in informal economy; factual and legal causation (but-for and foreseeability) where negligence conceded; mitigation of damages must be pleaded and proved by defendant; assessment of quantum and application of contingency deductions.
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21 October 2022 |
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A prescribed officer may be the subject of a section 162 delinquency claim; factual particularity is for trial or further particulars.
• Companies Act s162 – delinquency applications: ‘‘director’’ includes any person occupying director-like position, including prescribed officers in appropriate circumstances. • Companies Act s157(1)(d) – leave may be sought at appropriate time; failure to plead prior leave not fatal. • Fiduciary duties – prescribed officers/senior employees may owe director‑like duties; common law may be developed (s158). • Civil procedure – exception inappropriate to decide contested factual matters or require evidentiary particularity; deficiencies of detail are for further particulars/discovery under Uniform Rules 18(4) and 18(10).
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21 October 2022 |
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21 October 2022 |
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Unlawful warrantless arrest and police liability for ensuing detention where police conduct influenced prosecution's opposition to bail.
Criminal procedure – s40(1)(b) Criminal Procedure Act – jurisdictional facts for warrantless arrest (peace officer, suspicion, schedule 1 offence, reasonable grounds, proper exercise of discretion); Police liability for post-appearance detention where police conduct or non-disclosure materially influences prosecutor/court; Requirement of evidence to prove assault by police; Quantum for unlawful arrest and detention (solatium).
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21 October 2022 |
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21 October 2022 |
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Applicant’s sketchy founding affidavit failed to meet Plascon-Evans requirements; appeal against refusal of final interdict dismissed.
Interdict — final interdict — requirements: clear right, injury or well-grounded apprehension, absence of alternative remedy; founding affidavit must plead material particulars; Plascon-Evans test — applicant must stand or fall by founding affidavit; new substantive facts in reply cannot be used to cure defects.
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21 October 2022 |
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Withdrawal of CPO designation set aside for procedural unfairness, inadequate DQA and decision tainted by bad faith and ulterior purpose.
* Administrative law – PAJA – withdrawal of CPO designation – procedural fairness – failure to comply with Regulation 32 – inadequate DQA sample and findings – no opportunity to respond.
* Administrative law – review grounds – ulterior purpose, bad faith, arbitrary/capricious decision-making (s 6(2)(e)(ii), (v), (vi)).
* Remedy – review and setting aside of administrative decision; reinstatement; punitive costs (attorney-and-client, two counsel); referral to SAHRC.
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20 October 2022 |
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20 October 2022 |
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55m servitude construed as 27.5m either side of centre line; applicant's broader measurement claim dismissed.
* Servitude law – interpretation of servitude instrument – servitude to be construed restrictively; external wording and annexed sketch decisive.
* Contract/Deed interpretation – clause prohibiting building within 27.5m of centre line means 55m is split 27.5m each side.
* Expert evidence – tribunal may reject experts who do not engage with the core interpretive question or lack factual foundation.
* Land Survey Act – s 29 not engaged where requisite factual steps not pleaded; s 46 requires notice not joinder; stay discretionary and not warranted without application.
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20 October 2022 |
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Court ordered sale in execution of a primary residence after finding Rule 46A satisfied; separate credit claim not prescribed.
* Civil procedure – execution against primary residence – application of Rule 46A and proportionality factors; * Mortgage enforcement – home loan arrears and declaration of property specially executable; * Prescription – interruption by payment under Prescription Act s14; * Points in limine – lis pendens and res judicata where prior proceedings withdrawn; * National Credit Act – adequacy of section 129 notice.
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20 October 2022 |