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Citation
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Judgment date
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| March 2026 |
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Trustees cannot withhold access for municipal safety works where conduct rules do not require further consent; commercial urgency established.
Sectional titles – Conduct rules – trustees’ consent for improvements – consent required only for external alterations or internal works involving destruction of internal walls/support columns – municipal approval does not necessarily require further trustee consent; Commercial urgency; Interdict – requirements for final relief; Invalid amendment by trustee resolution where prescribed procedure not followed.
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4 March 2026 |
| February 2026 |
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Urgent interim interdict granted to restrain and remove defamatory social-media and broadcast allegations against the applicant.
Defamation; urgent interim interdict; social-media and broadcast publications; truth and public-interest defences; harm to dignity and reputation; deletion and retraction orders; costs including two counsel.
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27 February 2026 |
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Whether respondent breached suspended sentence by posting defamatory social-media videos and whether the sentence should be activated.
Contempt of court — civil committal for contempt — suspended sentence — breach by continued defamatory social-media posts — court re-suspends sentence with additional deletion and enforcement conditions; authorisation to request social-media platform administrators to remove account and content; costs awarded.
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17 February 2026 |
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Payment characterized as a loan, not a donation or simulated transaction; defendant liable for R800,000 plus interest and costs.
Civil law – loan versus donation – burden of proof when defendant pleads donation – rebuttable inference against gratuitous donations – simulated transaction: burden on party alleging simulation – joint loan allegation considered and rejected.
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16 February 2026 |
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Urgent interim interdict to halt trial pending review refused; magistrate entitled to grant CCTV testimony for child witness.
Criminal procedure — s158(2) CPA — use of CCTV for child witnesses — magistrate's discretion and admissibility of hearsay/submissions from the bar; urgency and interim interdicts pending review; avoidance of piecemeal litigation; balancing accused's fair trial rights and child's best interests (s28(2)).
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13 February 2026 |
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Certified contractual final payment enforceable despite dispute-resolution clause; statutory notice under Organ of State Act not required for contractual debt.
Contract law – construction contract – final payment certificate issued by principal agent – certified contractual amount enforceable by judgment; dispute-resolution clause not engaged absent a pleaded disagreement; Institution of Legal Proceedings Against Certain Organs of State Act notice not required for contractual payment claims; misjoinder of trustees must be particularised.
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12 February 2026 |
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High Court struck urgent employment application for lack of urgency, finding Labour Act remedies appropriate.
Rule 7(1) – authority to institute proceedings; Urgency – self-created urgency and requirements of Rule 6(12); Jurisdiction – primacy of the Labour Relations Act, CCMA/Labour Court for unfair dismissal disputes; Contract vs unfair dismissal – specific performance/reinstatement dressed as contractual claim; Companies Act s163 – not a route to reinstatement where relationship broken down; Costs – award of wasted costs and costs of two counsel on Scale C.
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6 February 2026 |
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Applicant's claim for arrears dismissed where admitted pre-payment was unaccounted and respondent granted debatement.
Mortgage/home loan – alleged arrears – admitted pre-payment of R114,000 – bank’s failure to account – evidentiary burden to prove payment/application – debatement of account ordered – special execution not considered.
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4 February 2026 |
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Rescission granted where attorney knowingly presented an opposed divorce as unopposed; funds preserved and attorney ordered to pay costs personally.
Civil procedure – rescission of judgment – Uniform Rule 42(1)(a) – judgment obtained by misrepresentation; Legal ethics – duty of honesty and candour to court – attorney’s misrepresentation of opposed matter as unopposed; Preservation of assets – interlocutory interdict and payment into trust pending finalisation; Costs – de bonis propriis and attorney-and-client scale; Regulatory referral to Legal Practice Council.
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4 February 2026 |
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A liquidation application against a deregistered close corporation is invalid; provisional liquidation discharged and lawyers ordered to refund fees.
Company law – Close corporation deregistration – Final deregistration under Companies Act dissolves entity; assets vest bona vacantia – Liquidation application against deregistered entity is invalid/nullity – Procedural duty on practitioners to verify corporate status (CIPC) and comply with Uniform Rules – Costs consequences and requirement to refund fees for practitioner misconduct.
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4 February 2026 |
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A director’s signed AOD was enforceable; ostensible authority and continuity on conversion upheld, and the surety was liable.
Company law – validity of director’s signature – ostensible authority and s 20(7)/(8) Companies Act; Acknowledgement of debt enforceability; Duress/undue influence in creditor-debtor context; Suretyship enforceability following conversion from close corporation to company; Quantum in motion proceedings.
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3 February 2026 |
| January 2026 |
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Bank entitled to judgment on loan and overdraft; suretyship valid, NCA inapplicable, surety’s liability capped at R1,950,000.
Banking and contract – loan and overdraft facility – validity of loan agreement, overdraft and suretyship – certificate of balance requirements – corporate deponent's knowledge and attorney authority – National Credit Act inapplicable to juristic person above threshold – reckless credit defence unavailable – surety's liability limited by deed.
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21 January 2026 |
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Owner entitled to evict elderly occupiers; court balanced PIE s4(7) factors, granting delayed eviction with relocation conditions.
PIE Act s 4(7) – eviction by private owner – two-stage enquiry (just and equitable; implementation and conditions) – elderly occupiers – municipal alternative accommodation – validity of will and Master’s letters – conditions: delayed eviction, utilities, relocation costs, sheriff enforcement.
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19 January 2026 |
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Whether a notarial bond was simulated and whether a director’s removal and replacement complied with the Companies Act and shareholders’ agreement.
Companies Act — s61(3) requisitioned shareholders’ meeting — board obliged to convene; s65(4) explanatory material and challenge under s65(5) — failure to seek interim relief bars later attack; s71(1) removal of director by ordinary resolution — proprietary shareholder right not requiring good faith; shareholders’ agreement trumps majority appointment where nomination rights reserved; simulated transaction — notarial bond may be prima facie simulated; interim interdict to preserve company assets pending trial; minority shareholder locus standi to protect shareholding value.
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13 January 2026 |
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Insurer liable where its assessor's appointee improperly first-aided submerged engines, causing damage; quantum reduced for speculative items.
Insurance (marine) – insured event: ingress of seawater – insurer liability for assessor/technician appointed by insurer – improper first-aid of submerged engines – causation of emulsification – assessment of quantum and exclusion of speculative items.
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9 January 2026 |
| December 2025 |
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South African court orders disclosure of London arbitration materials where confidentiality and privilege do not override discovery obligations.
Civil procedure – discovery – relevance of documents – disclosure of materials from foreign arbitration in related domestic litigation; arbitration confidentiality vs discovery obligations; waiver/implied waiver of privilege by use of materials in arbitration and subsequent litigation; refusal to delay disclosure pending expert summaries.
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22 December 2025 |
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Claim for contractual final certificates not prescribed; court ordered respondent to appoint employer’s agent and enable certification and payment.
Contract law – Construction contract – Employer’s obligation to appoint employer’s agent – Final approval and final payment certificates – Prescription Act: whether obligation to enable certification is a "debt" – Prescription not triggered where employer’s omission obstructs certification process.
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12 December 2025 |
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Former employee’s disclosure of confidential customer data and personal information warranted interdict, deletion and handover under POPIA.
Confidential information – client/customer lists and personal data – trade secret test (application, secrecy, economic value); POPIA s20 – operator’s duty of confidentiality; Unlawful competition/springboard doctrine – acquisition and use of competitor’s confidential data; Interim interdict – deletion of electronic copies and handover of hard copies; Joinder – necessity standard for parties.
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10 December 2025 |
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Whether delay and late voluminous discovery justified striking the prosecution from the roll under s 342A of the CPA.
Criminal Procedure s342A — delay in completion of proceedings — factors for assessing reasonableness of delay; admissibility of affidavit evidence containing hearsay; voluminous discovery and complex corruption/money laundering allegations; vacating reserved trial dates; pre-trial roll enrollment.
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9 December 2025 |
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Provisional winding‑up granted where debt conceded, company funds diverted and s 417 enquiry authorised with SARS participation.
Companies Act — Provisional winding‑up granted where company conceded substantial debt and funds diverted; urgency; s 346(4A) service requirements (attorney may depose to service affidavit referencing sheriff’s returns); voluntary liquidation ineffective without CIPC registration; s 417 enquiry authorised; SARS to participate; nominee director/alter‑ego allegations; potential under‑invoicing and fraud.
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5 December 2025 |
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Review dismissed: appeal tribunal did not exceed powers in treating work stoppage as potential repudiation.
Arbitration Act s 33(1)(b) – review of arbitral award – tribunal bound by arbitration agreement, separation directive and pleadings – distinction between exceeding powers (jurisdictional) and erroneous exercise of power – stoppage of work/removal of equipment may constitute repudiation or a substantial pointer to repudiation – errors of fact or law by arbitrator not ordinarily reviewable.
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4 December 2025 |
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Applicant failed to prove exceptional circumstances under s60(11); appeal against refusal of bail dismissed.
Criminal procedure — Bail — Section 60(11) Schedule 6 offences — onus to prove exceptional circumstances and likely acquittal — affidavit evidence versus oral testimony — witness intimidation risk — employment/first-offence not exceptional.
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4 December 2025 |
| November 2025 |
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Rule nisi confirmed; respondent found in wilful contempt for refusing to identify and authenticate ACA and Fc test results.
Civil contempt – confirmation of rule nisi – contempt requires order, service and non‑compliance (Fakie) – evidential burden shifts to respondent to show non‑wilful non‑compliance – failure to file answering affidavit renders matter unopposed – Wightman/Plascon‑Evans principles – court orders compelling identification and authentication of scientific test results – punitive attorney‑and‑client costs.
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28 November 2025 |
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Section 118(3) creates a statutory hypothec allowing a municipality to interdict transfers to protect historical rates debt.
Municipal Systems Act s118(3) – statutory hypothec/charge on property – municipal preference over mortgage bonds – interdict to prevent transfer – adequacy of alternative remedies (rule 46; s96) – urgency – costs.
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27 November 2025 |
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Use of paintball markers by security guards in public was negligent; necessity defence rejected and defendant vicariously liable.
Delict – personal injury from paintball projectile – causation and negligence established; defence of necessity/justification failed; vicarious liability of municipality; adverse inference for failure to call material witness.
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26 November 2025 |
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Section 354 stay refused: procedural fairness found; merits are for appeal, not section 354.
Companies Act s354 – extraordinary relief to stay or set aside winding-up – high threshold of 'exceptional circumstances' – procedural fairness and audi in urgent liquidation hearings – limits on rehearing merits under s354 (no substitute for appeal) – interim interdict against provisional liquidators not competent absent s354 stay – costs on Scale C including two counsel.
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24 November 2025 |
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Applicant proved association of vessels under s 3(7) Act; reconsideration dismissed and costs awarded to applicant.
Admiralty — Associated ship arrest — s 3(7) Admiralty Jurisdiction Regulation Act — proof of ownership/control by balance of probabilities — probative value of SeaSearcher/Equasis and trade publications where direct ownership opaque — nominee/shareholding structures and documentary inconsistencies assessed.
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13 November 2025 |
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Court found defendant's version more probable and dismissed the plaintiff's negligence claim with costs.
Railway accidents – passenger injury – allegation of negligence by operator – "staff riding"/external footplate – credibility and probabilities – missing CCTV footage – no adverse inference where CCTV plausibly non‑operational.
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12 November 2025 |
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Rescission of a final winding‑up order refused where order was properly granted and applicant failed to establish satisfactory explanation or bona fide defence.
Companies law – winding up – rescission of final winding‑up order; Rule 42(1)(a) – ‘‘erroneously granted’’; rescission at common law – reasonable explanation for default and bona fide defence required; duty to maintain registered address and consequences of non‑service.
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12 November 2025 |
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Plaintiff failed to prove accident‑linked loss of earnings or curtailed working life; claim dismissed, costs each party to bear.
Road Accident Fund – loss of earnings – requirement to prove causal link between injury and diminution of patrimony – expert evidence weight and credibility – assessment of future loss of earnings (Rudman; Southern Insurance).
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6 November 2025 |
| October 2025 |
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28 October 2025 |
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Applicant established prima facie debt; without‑prejudice proposal was not an act of insolvency, material disputes on defective goods referred to oral evidence.
Companies law – provisional winding‑up – s 345 demand satisfied by signed acknowledgement and failure to pay – factoring cession transfers receivable and related defences “warts and all” – without‑prejudice settlement proposal not an act of insolvency where it does not seek release from debt (s 8(e)) – privileged communications remain privileged absent an act of insolvency – real disputes of fact as to defectiveness and return of goods referred to oral evidence.
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24 October 2025 |
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The RAF’s failure to decide on a Serious Injury Assessment Report within the prescribed time was reviewed and set aside.
Road Accident Fund – Regulation 3(3)(dA) – duty to accept, reject or require further assessment of Serious Injury Assessment Report within statutory period – failure to decide reviewable; Board Notice 271 of 2022 / new RAF1 requirements held unlawful by Full Court (LPIIF v RAF) – respondent’s reliance on claim-registration or Board Notice defences unsustainable; relief: review and direction to decide within 30 days; costs on attorney-client scale.
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23 October 2025 |
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Imprisonment imposed after s112(1)(a) pleas was incompetent and substituted with caution and discharge.
Criminal procedure – s112(1)(a) plea – sentencing limitation: imprisonment without option of fine incompetent. Special review – s304 – substitution of incompetent sentence with caution and discharge when re‑sentencing is unjust or futile. Automatic review – effect of legal representation (s302(3)) and inexperienced magistrate. Procedural/systemic concerns – delay in detection, monitoring deficiencies, and Legal Aid duties.
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23 October 2025 |
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A conveyancing firm that fails to verify changed bank details in a BEC scam is liable for misdirected sale proceeds.
Conveyancing — attorney liability for misdirected trust funds; Business Email Compromise (BEC) — duty to verify changed banking details; breach of mandate and proximate cause; trust account payments; professional negligence by attorney.
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17 October 2025 |
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Interim interdict granted to restrain sentencing where magistrate improperly dismissed s113 plea-withdrawal, likely reviewable error.
Criminal procedure – s112/s113 plea proceedings – threshold for recording plea of not guilty under s113(1) (Mokonoto/Shiburi) – impermissibility of critical analysis of accused’s explanations in plea-stage proceedings – interim interdict pending s22 review where magistrate’s approach evidences reviewable irregularity – interplay with OUTA and Walhaus principles.
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15 October 2025 |
| September 2025 |
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Ownership does not justify bypassing PIE; final interdict refused amid genuine disputes of fact and improper service on a child.
• Property law/eviction – PIE applies where premises are a home; ownership does not trump constitutional protections under s 26(3).
• Civil procedure – Plascon‑Evans/Room Hire principles: genuine disputes of fact require referral to oral evidence or trial; motion proceedings inappropriate.
• Service of process – serving papers on a minor at school is improper; courts must protect children and uphold Uniform Rules.
• Remedies – statutory eviction under PIE is the appropriate remedy and precludes final interdict where applicable.
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30 September 2025 |
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Civil divorce does not dissolve a pre-existing customary marriage; court approved antenuptial contract for polygamous marriage.
Recognition of Customary Marriages Act 120 of 1998 — s6/s7 applications to approve antenuptial contracts for polygamous customary marriages — civil divorce does not dissolve pre-existing customary marriage (s8 required) — court to consider equitable distribution and family circumstances — joinder and registration requirements (s7(8), s7(9)).
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22 September 2025 |
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Court dismissed review and upheld taxing mistress’s allowance of post‑payment storage costs as recoverable execution expenses.
Costs – taxation – sheriff’s storage fees – whether post‑payment storage costs recoverable as necessary execution expenses – taxing mistress’s discretion under rule 70(3) and rule 68 – review of taxation limited to misapplication of principle or capricious exercise of discretion; lawfulness of sheriff’s retention distinct from taxation of disbursements.
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22 September 2025 |
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Leave to appeal a costs-only order from an adjourned urgent application dismissed for lack of exceptional circumstances.
Civil procedure – costs – discretion – costs orders are a true judicial discretion; appellate interference only where discretion not exercised judicially. Superior Courts Act ss 16(2)(a) and 17(1)(a) – appeals against costs-only orders require exceptional circumstances and a reasonable prospect of success. Wasted costs – urgent applications and adjournments – respondent entitled to wasted costs where urgent proceedings were necessitated and then adjourned. Scale of costs – assessment of appropriate scale (Scale C) is discretionary and not punitive.
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17 September 2025 |
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Police omissions in face of foreseeable mob violence rendered the State delictually liable for loss of game and property.
State liability; police omissions; wrongful and negligent failure to prevent foreseeable violence on private property; statutory and constitutional duties (s 205(3) Constitution; s 13(3) SAPS Act); factual and legal causation; quantum agreed R2,029,000; costs on scale C.
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16 September 2025 |
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A valid writ of execution prevents spoliation relief absent proof of unlawful deprivation by the sheriff.
Mandament van spolie – requirement of peaceful possession and unlawful deprivation; Warrant of execution – validity and scope; Rescission application – does not automatically suspend execution; Interpleader – appropriate remedy for competing claims to seized property; Interdict – requires clear right and absence of alternative remedies.
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11 September 2025 |
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Leave to appeal granted on whether statements in counsel's heads of argument constitute binding admissions creating liability.
Civil procedure – Admissions – Whether statements made in heads of argument by counsel can constitute binding factual admissions – Leave to appeal – Reasonable prospects of success on appeal.
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11 September 2025 |
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A plaintiff may not deliver an exception to a defendant's plea after summary judgment is refused; exception dismissed with costs.
Civil procedure – Exceptions – Application to except to defendant’s plea after refusal of summary judgment – Contract – Plea not vague or embarrassing where admissions and denials are clearly stated – Summary judgment procedure does not suspend the right to exception under Uniform rule 23.
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5 September 2025 |
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Leave to appeal granted where statements in counsel's heads may have been wrongly treated as binding admissions.
Leave to appeal — reasonable prospects test; admissibility and binding effect of statements in written heads of argument prepared by former counsel; costs of leave application.
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5 September 2025 |
| August 2025 |
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Court refused contempt relief where maintenance could not be paid due to changed circumstances and set aside the interim order.
Contempt of court – maintenance order – Rule 43 order – delay in contempt proceedings – variation of maintenance order – material change of circumstances – temporary/interim remedies in divorce proceedings – costs.
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19 August 2025 |
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Application challenging liquidators' asset sale dismissed for lack of standing and merit; liquidators' acts found lawful and costs awarded.
Company law – Liquidation – Legal standing (locus standi) to challenge acts of liquidators – Requirements for condonation for late delivery – Liquidators’ powers to sell assets prior to first creditors' meeting – Who must consent to sale (preferential creditors) – No basis to set aside liquidators’ acts or remove liquidators – Costs on punitive scale for vexatious or unfounded allegations.
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12 August 2025 |
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The court dismissed an appeal for bail, emphasizing lack of exceptional circumstances and potential witness interference.
Criminal Law – Bail – Schedule 6 Offences – New facts and exceptional circumstances – Alleged witness recantation – Interference with state witnesses.
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7 August 2025 |
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Court orders a third property auction without a reserve price after previous failures to sell.
Civil procedure - Sale in execution - Reserve price reconsideration due to failure of two auction sales - Execution to proceed without reserve
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6 August 2025 |
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A conviction for premeditated murder, attempted murder, and firearms offences arising from domestic violence and careful fact analysis.
Criminal law – Murder – Premeditation and intent – Domestic violence context – Hearsay affidavit – Admissibility – Unlawful possession of firearms – Intoxication as defence – Evaluation of child witnesses – Chain of custody – Firearms Control Act.
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5 August 2025 |