|
Citation
|
Judgment date
|
| November 1910 |
|
|
Reported
Leave to sue again in forma pauperis on the same facts was refused as an abuse of the pauper privilege.
Practice — Pauper suits — Application for leave to sue again in forma pauperis after absolution from the instance — Fresh evidence alleged but available at prior trial — Abuse of pauper privilege — Refusal of renewed pauper leave.
|
1 November 1910 |
| August 1910 |
|
|
Reported
Issuing a forged pass that would be invalid under local law is not an offence under section 3 of the Ordinance.
Criminal law – Counterfeit/forged passes – statutory offence requires the pass to be one the issue of which is authorised by the local law (Orange Free State) – issuing a forged pass that would be invalid locally is not an offence under s.3 of Ordinance 9 of 1906.
|
31 August 1910 |
|
Reported
Court refused access to children where applicant continued cohabiting in adultery, exercising discretion to protect children.
Family law – Divorce – Custody and access – Discretion of the court to grant or refuse access – Continuing adultery and cohabitation as grounds to refuse access to protect children’s welfare.
|
15 August 1910 |
| July 1910 |
|
|
Reported
Where preparatory examination was before a different magistrate, evidence read over after remittal was illegal and proceedings were quashed.
Criminal procedure — Remittal and preparatory examination — Evidence read over to accused — Trial must be before same magistrate who heard preparatory examination (s.87, Ordinance 7 of 1902); irregular proceedings to be quashed and matter remitted for de novo trial.
|
29 July 1910 |
|
Reported
South Africa Act does not displace arrest-to-found-jurisdiction or edictal citation where respondent resides within the Union.
Civil procedure – Arrest to found jurisdiction and edictal citation – South Africa Act (ss. 98, 112, 113) does not displace practice where respondent resides within the Union but outside provincial division jurisdiction; leave to sue by edictal citation and attachment of writ proceeds as temporary interdict granted.
|
12 July 1910 |
|
Reported
Single incident of insolence and bona fide commission claims did not justify dismissal; wrongful dismissal awarded £20.
Master and servant — wrongful dismissal — single isolated insolence insufficient unless extremely aggravated; fidelity and non‑competition — personal, non‑professional transactions do not necessarily amount to competition; bona fide belief in contractual right to commission defeats misconduct charge; burden of proof for representation as partner; interdict for post‑dismissal practice contingent on lawfulness of dismissal.
|
12 July 1910 |
| June 1910 |
|
|
Reported
Conviction for closing a road quashed because the accused honestly believed he had a legal right (absence of mens rea).
Criminal law – road diversion/closure – s.12 Ordinance 17 of 1905 – claim of right – mens rea required for conviction – conviction reviewed and quashed for absence of criminal intent.
|
28 June 1910 |
|
Reported
Oral fixed-term service contracts exceeding one year are invalid; conviction for desertion on such contracts must be quashed.
Master and servant – Desertion of service – Oral contract for fixed term exceeding one year invalid under s.31 of Ordinance 7 of 1904 – Magistrate has no power to convict on such invalid contract. Statutory presumption of monthly hiring (s.5) does not apply where hiring is expressly specified and limited.
|
28 June 1910 |
|
Reported
Marriage annulled where wife's prior stuprum and birth of a fully developed child less than seven months after marriage proved non-paternity.
Family law – Nullity of marriage – Prior stuprum and birth of a fully developed child within seven months of marriage – wife's admission of non-paternity – annulment granted.
|
23 June 1910 |
|
Reported
Security for leave to appeal must be lodged within two months of filing the petition with the registrar.
Ordinance 13 of 1904 s.16 – meaning of "date of petition" – petition date is date filed with registrar; security for leave to appeal must be lodged within two months; late security bars leave to appeal; interaction with South Africa Act 1909 s.116 (pending appeals).
|
1 June 1910 |
| May 1910 |
|
|
Reported
Expropriation.-Sec. 4 of Ordinance 46 of 1903.-Servitude. |
18 May 1910 |
|
Reported
Will.-Legacies.-Election. |
2 May 1910 |
|
Reported
Provisional sentence.-Mortgage bond.-Cancellation of transfer deed |
2 May 1910 |
|
Reported
Criminal law.-.Appeal.-Secs. 4: and 8 of Ordinance 5 of 1906.Half-holiday law.-Closing. |
2 May 1910 |
| April 1910 |
|
|
Reported
Master and servant.-Disobedience.-Contract of service.- Want of
mutuality. |
30 April 1910 |
|
Reported
Master and servant.-Disobedience.-Contract of service.-Notice.Want of mutuality. |
25 April 1910 |
|
Reported
Criminal law.-.Appeal.-Secs. 3 and 11 of Ordinance 6 of 1906. Labour agent.-Conducting |
15 April 1910 |
|
Reported
Appeal.-Negligence.-Servant.-Control. |
5 April 1910 |
|
Reported
Magistrate's court.-Appeal.-Petty debts recovery.-Defendant's costs. |
2 April 1910 |
| March 1910 |
|
|
Reported
Cancellation of lease.-Non-notarial prospecting contract.-.Res litigiosa. -Company.-Pre-incorporation contract.-Adoption and ratification.- Knowledge of pending action. |
14 March 1910 |
|
Reported
|
11 March 1910 |
|
Reported
Interdict.-Right-of-way.-Servitude.-Railway crossing. |
9 March 1910 |
|
Reported
Appeal.-Municipality.-Pound.-Proceeds of sale of unclaimed stock.-Art. 22 of chap. 124 |
1 March 1910 |
| February 1910 |
|
|
Reported
Practice.-Pleading.-Matter inadmissible as evidence.-.Application to strike out paragraphs unde1· Rule 35. |
18 February 1910 |
|
Reported
Criminal law. - Review. - Customs statistics. - False declaration. - See. 26, sub-sec. (a), of Ordinance 34 of 1903. |
15 February 1910 |
| December 1909 |
|
|
Reported
.Appeal.-Libel.-Director's liability for co-director's tort. |
1 December 1909 |
|
Reported
Criminal procedwre.-Splitting of charges.-House-breaking with, inrent to steal and theft. |
1 December 1909 |
| November 1909 |
|
|
Reported
Criminal procedure.-Wrongful arrest.-Crime and ofence.-Nominal damages.-Costs. |
26 November 1909 |
|
Reported
Criminal prooedure.-Trespass.-Claim of right.-Mens rea. |
19 November 1909 |
|
Reported
Land. - Extra quitrent. - Sec. 10 of chatp. 69 of the Law Book. - Sujficient occupation. |
4 November 1909 |
| September 1909 |
|
|
Reported
Magistrate's court.-Interdict.-Sec. 1 of Ordinance 1 of 1906.-Irregularity of proceedings. Costs.-De bonis propriis.-Agent institwting legal proceedings without power of attorney. |
22 September 1909 |
| August 1909 |
|
|
Reported
A director-agent who secretly uses corporate information to buy property must transfer it and account to the applicant.
Agency and fiduciary duty – directors/managers must not use confidential information or corporate resources to compete with the company; conflict of interest – resignation does not absolve fiduciary obligations absent full disclosure and consent; equitable remedies – transfer and accounting for profits derived from misuse of agency information.
|
16 August 1909 |
|
Reported
Municipality.-Regulations.-Ultra vires.-Registration fees. |
15 August 1909 |
|
Reported
Imitating court process and using royal arms in business notices may amount to contempt; apology may mitigate, costs ordered.
Contempt — assumption of royal coat of arms — imitation of court process by private business notices — mitigation by reliance on commercially printed forms and apology — costs awarded.
|
15 August 1909 |
|
Reported
Criminal procedure.-Argument on review.-Peace preservation.Order to leave the colony.-Disobedience to order.-Magistrate's jurisdiction. |
9 August 1909 |
| July 1909 |
|
Criminal procedure.-Review.-Ordinance 52 of 1903, sec. 2.-Removal of stock without permit.-Meaningless wording of section.
|
16 July 1909 |
|
Reported
Criminal procedure.-Review.-Ordinance 3 of 1903, sec. 17.-Uncon victed prisoner.-Escape. |
6 July 1909 |
| June 1909 |
|
|
Reported
.Attorney.-Professional misconduct.-Suspension. |
15 June 1909 |
| May 1909 |
|
|
Reported
Insolvency.-Compulsory sequesflration.-Sec. 5 of chap. 104 of the Law Book.-Benefit of creditors. |
1 May 1909 |
| April 1909 |
|
|
Reported
Pleading.-Exception.-Declaration.-Cause of action.-Pledge. Conversion.- Damages.-Tender of debt. |
6 April 1909 |
|
Reported
Principal and agent.-Knowledge binding principal.-.Agreement as to water leading. |
5 April 1909 |
|
Reported
Municipality.-Regulations.-Sewerage connection.-Ordinance 36 of
1905.-Retrospective ejfect.-Liability of purchaser. |
2 April 1909 |
| March 1909 |
|
|
Reported
Contract.-Repudiation.-Cession.-Execution.-Reasonable time. |
29 March 1909 |
|
Reported
Appeal. - Tender. - Waiver by acceptance. - Costs. - Discretion
of magistrate. |
26 March 1909 |
|
Reported
Company.-Liquuiator's appointment.-Sec. 11 of Law 2 of 1892. |
16 March 1909 |
|
Reported
Practice.-Pleading.-Exception.-Inconsistent plea. |
16 March 1909 |
|
Reported
lnterdict.-Clear right.-Principal and agent.
|
15 March 1909 |
|
Reported
Conveyancers.-Deeds prepared by unqualified persons.-Fees shared. |
1 March 1909 |
| February 1909 |
|
|
Reported
Principal and agent.-Appeal.-Surveyor's fees. |
3 February 1909 |
|
Reported
Practice.-Summons,-.Demand.-Costs. |
2 February 1909 |