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Citation
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Judgment date
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| December 2022 |
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Interim reinstatement refused: urgent‑motion notice and 16‑hour notice satisfied prior‑notice and deliberation requirements.
Local government — removal of executive members — s 53(1) Municipal Structures Act — prior notice requirement and meaningful deliberation; Municipal rules of order — rule 22(1A) urgent motions — factors to be considered and 24‑hour framework; Review and legality — PAJA challenge to urgent agenda placement; Interim interdict — prima facie right, balance of convenience, irreparable harm; Issue estoppel — prior interlocutory finding did not decide reasonable prior notice.
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30 December 2022 |
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5 December 2022 |
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Non-disclosure of major depression rendered post-issue policy amendments void; severe-illness ejection-fraction claims upheld, other disability claims dismissed.
Insurance law – Long Term Insurance Act s 59(1) – non-disclosure of major depression in variation applications – objective materiality and subjective inducement – amending contracts voidable
Insurance law – Repayment/adjustment of benefits paid under void amendments – insurer entitled to difference between amounts paid under amended policies and amounts payable under original policies
Policy interpretation – Life Plan Guide – permanence of ejection fraction – two measurements three months apart to be read as minimum three-month duration for establishment of permanence
Fraud – insurer’s allegation of fraudulent misrepresentation re capacity to work not proved for purposes of reclaiming paid claims
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2 December 2022 |
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Plaintiff failed to prove police unlawfully shot him; police conduct held justified as self‑defence/necessity.
Police liability – alleged wrongful shooting of bystander during robbery – whether police acted in self‑defence/necessity; application of s 49 Criminal Procedure Act; onus of justification (Mabaso v Felix); objective negligence test (Kruger v Coetzee); stray bullet causation vs. lawfulness of police conduct.
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2 December 2022 |
| November 2022 |
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24 November 2022 |
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24 November 2022 |
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Municipal barricading of the applicant’s access constituted unlawful spoliation; court ordered immediate restoration of access and costs.
Spoliation (mandamus van spolie) – possession vs ownership – municipal action – barricading access without notice – urgency – authority of deponent to affidavit – sheriff enforcement and costs.
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22 November 2022 |
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Whether the meteorological service is an "organ of State" and liable for failing to issue severe weather warnings.
Admiralty jurisdiction; exceptions under Admiralty Rule 9(5); public body vs "organ of State" for Act 40 of 2002; statutory immunity (s 27 SAWS Act); existence of novel legal duty to issue severe-weather warnings; appropriateness of deciding duty, wrongfulness and causation on exception.
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11 November 2022 |
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Police conduct amounted to unlawful arrest, detention and assault; punitive costs awarded for defendants' procedural non-compliance.
Criminal Procedure Act s40(1)(b) — arrest without warrant; reasonable suspicion and proper exercise of discretion required; s49 — use of force must be reasonably necessary and proportional; unlawful arrest renders attendant force assault; s50 — prompt production to court; costs — punitive attorney-and-client scale for failing to attend pre-trial and case-flow conferences.
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11 November 2022 |
| October 2022 |
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Final confirmation of a POCA restraint order where reasonable grounds exist for conviction and potential confiscation; costs amended.
POCA — Restraint orders — s 25(1)(a)(ii) — reasonable grounds that confiscation order may be made; benefit need not be precisely proved at restraint stage; proceeds defined broadly; joint and several restraint/confiscation permissible where common purpose and collective benefit established; amendment of consent order to remove costs reservation.
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31 October 2022 |
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Defendants established a bona fide, triable defence alleging plaintiff's excavations obstructed access and caused business losses and rent arrears.
Summary judgment — Uniform Rule 32(3)(b) — bona fide defence — obstruction of access to leased premises by excavations — alleged business loss and rent arrears — liability-exemption clauses — contra bonos mores/ubuntu — photographic, correspondence and engineer's report evidence.
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28 October 2022 |
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Sale in execution set aside due to late advertisement and change of venue; purchaser not protected by s 70.
Admiralty jurisdiction – possession dispute in respect of a floating crane sold in execution; Magistrates’ Courts Rules – essential formalities for sale in execution (advertisement timing and advertised venue) – late advertisement and change of venue render sale void; s 70 Magistrates’ Courts Act – does not protect purchaser with notice of defects or where essential formalities breached; Labour Relations Act s 143(5) – CCMA awards enforced via magistrates’ procedure; spoliation – refusal on papers where material disputes of fact exist; Ship Registration Act – registration evidentiary, not determinative of delivery/possession issues.
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27 October 2022 |
| September 2022 |
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29 September 2022 |
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Leave to appeal dismissed: applicants failed to show reasonable prospects based on ownership definition and locus standi for rates rebates.
Civil procedure – leave to appeal under s 17(1) Superior Courts Act – test for reasonable prospects of success; Municipal law – interpretation of "owner" in Municipal Property Rates Act s 1 and municipal Rates Policy/By‑Laws; standing to apply for rates rebates; procedural irregularity of raising new grounds at leave stage; discretion of municipality to regard buyer given possession as owner.
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21 September 2022 |
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Applicant entitled to enhanced interim maintenance, essential capital items and costs where respondent failed to make full financial disclosure.
Family law – Rule 43 – maintenance pendente lite – entitlement to preservation of marital standard – reasonable provision may include necessary capital items (vehicle, appliances) and lump sum legal costs contribution. Family law – Full and frank financial disclosure – failure to disclose impacts credibility and entitlement to relief. Civil procedure – Interim relief in matrimonial matters – scope and reasonableness of relief under Uniform Rule 43
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20 September 2022 |
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16 September 2022 |
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16 September 2022 |
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16 September 2022 |
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Arrest and detention were lawfully effected under s 40(1)(b) based on reasonable grounds; plaintiff’s claim dismissed with costs.
Criminal procedure – arrest without warrant – s 40(1)(b) Criminal Procedure Act – jurisdictional facts: peace officer, suspicion, Schedule 1 offence, reasonable grounds. Reasonable suspicion – objective test; discretion to arrest must be within range of rationality (Sekhoto, Duncan, Mabona)
Evidence – identification of bag with apparent blood stains, recovery/identification of deceased’s cell phone, eyewitness statement and alleged admission
Pleadings – refusal of material amendment after close of defence where prejudice to opposing side cannot be cured
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13 September 2022 |
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9 September 2022 |
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8 September 2022 |
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6 September 2022 |
| August 2022 |
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A written settlement is an enforceable compromise that generally bars respondents from raising disputed invalidity of prior agreements.
Civil procedure – Uniform Rule 41(4) – judgment on written settlement reduced to writing and signed – enforceability of compromise. Company law/business rescue – whether adopted business rescue plan prohibited sale of business; effect on subsequent agreements. Effect of Shabangu decision – distinction where original agreement’s invalidity is disputed versus admitted
Compromise/novation – subsequent settlement may be valid and not tainted by alleged invalidity of prior agreement when invalidity is disputed
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30 August 2022 |
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Applicant's water tariff challenge dismissed; municipal policy correctly applied and new case improperly raised in replying affidavit.
Water services – entitlement to free basic water – interpretation of municipal tariff policy; Municipal tariff classification – domestic versus commercial consumers; Motion procedure – applicant may not raise new cases in replying affidavit or at hearing; Remedy sought – account credit and tariff recalculation; Outcome – application dismissed with costs.
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19 August 2022 |
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Court ordered limited pendente lite relief—respondent to pay half of matrimonial property maintenance amid material non‑disclosure.
Family law – Maintenance pendente lite (Uniform Rule 43) – requirement of need and ability to pay; duty of full disclosure (uberrimae fidei); material non‑disclosure may defeat general maintenance claims; partial relief ordered for matrimonial property maintenance where costs undisputed.
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19 August 2022 |
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Court corrected a clerical error in its order, amending paragraph 1 to state that the application is dismissed.
Amendment of judgment/order – correction of clerical or textual error – substitution of paragraph 1 to state dismissal; electronic handing down and deemed date/time of delivery.
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4 August 2022 |
| June 2022 |
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Court adjourns encroachment removal application and directs expert reports on alternative remedies, reserving costs.
Property law – encroachment – traditional remedy of removal versus modern judicial discretion; alternative remedies including compensation or transfer of land; sectional title disputes; procedural directions for expert reports and involvement of body corporate and municipality.
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24 June 2022 |
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Winding-up application dismissed where debt was bona fide disputed and liquidation sought to enforce a defended claim.
Companies/Close Corporations – winding-up – creditor must prove creditor status and inability to pay; winding-up not to be used to enforce a bona fide disputed debt; defended pending action undermines bona fides of liquidation application; appropriation of payments and accounting disputes are bona fide defences.
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15 June 2022 |
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Plaintiff's Rule 28 amendment allowed to place real issues before court; defendant awarded costs.
Civil procedure – Uniform Rule 28 – amendment of pleadings – amendments allowed to ensure real issues are before court unless mala fide or irremediable prejudice shown; costs can cure prejudice. Procedural law – distinction between amendment stage and determination of substantive defences (locus standi, res judicata, prescription, patent error)
National Credit Act/Usury Act – pleaded challenge to interest rate in prior judgment to be litigated in main action, not on amendment application
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15 June 2022 |
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2 June 2022 |
| May 2022 |
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Whether PRC SOE reform delegated capital-contributor powers such that the vessels were under common control and thus "associated ships."
Admiralty law – in rem arrest – associated ships – whether vessels are associated because of common control; Foreign law proof – content of PRC law and SOE reform; State-owned enterprise reform – decoupling of government regulatory functions and capital-contributor functions; SOE holding companies – devolution of contributor powers; role and weight of expert evidence in proving foreign law.
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30 May 2022 |
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Trustees had authority; memorandum signed by non-trustee was not validly authorised and was therefore invalid.
Trusts – authority of trustees to institute proceedings – challenge to authority must follow Uniform Rule 7; Memorandum of understanding – validity – requirement of trustee quorum and proper authorisation; Civil procedure – disputes of fact on affidavits – application of Plascon-Evans; Eviction – mootness where interim relief already implemented under PIE-related application; Costs – ordered against defending respondents for conduct of litigation.
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17 May 2022 |
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Accused's section 342A application dismissed: cumulative trial interruptions not unreasonable; State ordered to improve witness/disclosure management.
Criminal procedure — section 342A CPA — allegation of unreasonable delay — multi-accused, complex financial trial — assessment of cumulative delay and reasons — prosecutorial duties and court case-management powers — prospective remedial orders and undertakings to minimize interruptions.
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11 May 2022 |
| April 2022 |
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Court granted plaintiff leave to amend pleadings, dismissed two Rule 30(1) challenges, and ordered plaintiff to pay costs.
Civil procedure — Rule 28(4) amendments — amendments generally permitted unless mala fide or causing irremediable prejudice — further particulars not pleadings though uncertain if they qualify as a 'document' under Rule 28 — Rule 30(1) applications to set aside amended pleadings/affidavits dismissed — costs granted against plaintiff.
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29 April 2022 |
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Court confirmed interim interdict preserving disputed contract funds, finding a prima facie right and balance of convenience favouring the applicant.
Interim interdicts – requirements: prima facie right, apprehension of irreparable harm, balance of convenience, no adequate alternative remedy; application of Webster v Mitchell test. Proprietary/contractual rights – joint venture agreement and performance can confer prima facie entitlement to contract proceeds. Hollow judgment risk and balance of convenience – preservation of disputed funds justified where access withdrawn and respondent’s solvency uncertain. Delay in prosecution – not determinative where not sufficiently prejudicial, including COVID‑19 context
Joinder – person who controls account may be properly joined
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21 April 2022 |
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Insured entitled to loss of rent where lease and accounting evidence establish rent receivable despite insurer's allegations of fabrication.
Insurance — loss of rent — interpretation of “actual rent receivable or payable immediately preceding the damage” — may be proved by a lease or other objective evidence; evidentiary sufficiency of lease, VAT returns, bank transfers and accounting records; weight and credibility of expert reports; delay in claim reporting not fatal absent prejudice.
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19 April 2022 |
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The defendant held liable for unlawful arrest and malicious prosecution of the plaintiff; substantial damages, interest and costs awarded.
Police misconduct – unlawful arrest and malicious prosecution instigated by SAPS members – State vicarious liability
Damages – assessment for unlawful arrest, contumelia and reputational harm including publication arising from police conduct. Entrapment warrant under s 252A Criminal Procedure Act implicated in fabricated charges. Interest and costs awarded where State conceded liability but failed to secure witnesses
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1 April 2022 |
| March 2022 |
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Reported
A public university’s procurement of campus security is administrative action by an organ of state and reviewable under PAJA.
Public procurement; Organ of state; Administrative action under PAJA; Review of tender awards; Public higher-education institutions; Tender appeal deposit; Remedy — rerun vs substitution.
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3 March 2022 |
| February 2022 |
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Court refused to separate preliminary defamation issue under Rule 33(4), finding issues not conveniently separable due to intertwined defences.
Defamation — application under Rule 33(4) to separate preliminary issue of meaning — convenience test — objective ordinary meaning v secondary meaning/innuendo — truth and public interest defences require evidence — separation refused.
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28 February 2022 |
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Failure to comply with the notice requirement in s 96 of the Customs and Excise Act is fatal; urgency was abused.
Customs and Excise Act s 96 – notice of action – jurisdictional and procedural prerequisite to instituting proceedings against SARS – failure to comply fatal; Attachment of third‑party goods – acts done pursuant to statutory power engage s 96; Urgency – certificate of urgency must reflect genuine extreme prejudice; Abuse of process.
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28 February 2022 |
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Refusal of bail overturned where Schedule 6 charges lacked particularity and the State’s prima facie case was weak.
Criminal procedure – Bail under s 60(11)(a) and Schedule 6 – onus on accused to show exceptional circumstances – appellate interference under s 65(4). DPP certificate – prima facie weight – not determinative where charge lacks particularity and State case is weak. Common purpose and premeditation – requires evidential foundation; speculative assertions insufficient on bail. Public interest and risk of witness interference – must be supported by evidence; speculative risk alone insufficient to refuse bail
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22 February 2022 |
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Accused convicted of kidnapping, premeditated murder, unlawful removal of organs and attempted extortion on circumstantial and forensic evidence.
Criminal law – Kidnapping – child lured and restrained; deprivation of liberty. Criminal law – Murder – circumstantial and forensic evidence; factual and legal causation where post-mortem inconclusive; premeditation
National Health Act – Regulation 25(a) – unlawful acquisition/removal of tissue/organs from a deceased person. Attempted extortion – SMS ransom demands corroborated by network records and admissions
Criminal Procedure Act – s 86 amendments to indictment; s 220 admissions and s 112(2) statement; application of Blom and circumstantial-evidence principles
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21 February 2022 |
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Enforcement of a mirror order refused where mother's inability to re‑enter the UK made return contrary to the child's best interests.
Family law – international child removal – enforcement of mirror order issued on 29 May 2019 – best interests of the child (s 28(2) Constitution) paramount. Immigration status – parent's inability to re‑enter habitual residence country may render return orders contrary to child's best interests
Hague Convention – appropriate procedural route for international return applications; applicants should consider Convention procedures and s 279 Children’s Act compliance. Evidence and reports – Family Advocate and welfare reports must address immigration and welfare implications; onus on applicant to prove return is in child's best interests
Remedy – main application dismissed; counter‑application granting primary residence to mother in South Africa with specified contact for father pending divorce
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18 February 2022 |
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A broadly‑drafted territorial post‑employment restraint was unenforceable; former employee must return/delete confidential training materials and client lists.
Restraint of trade — excessive territorial scope — unenforceable; Confidential information — training materials and client lists — obligation to return and delete; Interim/final interdicts; Costs awarded.
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17 February 2022 |
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A restitution claim under CIF sale terms is not a maritime claim; in rem arrest of bank funds was set aside.
Admiralty jurisdiction – maritime claim definition – CIF contracts – carriage and freight obligations rest between seller and carrier – restitution under contract of sale not a maritime claim – in rem arrest of bank funds set aside.
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14 February 2022 |
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Appellate court ordered three years of the appellant's 15-year sentence to run concurrently to avoid unduly harsh cumulative punishment.
Criminal law – Sentence – Attempted extortion by threatening an elderly victim – Severity of offence balanced against cumulative effect of consecutive sentences
Sentencing – Concurrent versus consecutive sentences – appellate interference where cumulative effect is unduly harsh
Sentencing – Ante-dating of sentence to reflect custody; mitigation by partial concurrency
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11 February 2022 |
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Failure to personally explain and secure an accused's informed waiver of assessors renders a murder trial improperly constituted.
Magistrates' Courts Act s93ter(1) – assessors – peremptory requirement in murder trials – informed personal waiver by accused required – communication with legal representative alone insufficient; Criminal Procedure Act s304(4) – review and setting aside of conviction where court not properly constituted.
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10 February 2022 |
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Plaintiff failed to prove hospital negligence causally caused child’s hypoxic-ischaemic brain injury; claim dismissed, no costs.
Medical negligence – obstetric care – monitoring and partogram – CTG trace admissibility under Law of Evidence Amendment Act – expert evidence assessment – causation in hypoxic-ischaemic encephalopathy (mixed acute and partial prolonged patterns) – vacuum delivery appropriateness.
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9 February 2022 |
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Reported
Court rejects transmissibility of an uninstituted general‑damages claim to estate for lack of factual basis to develop common law.
Transmissibility of general damages — litis contestatio — development of common law under s 39(2) Constitution — Nkala distinguished — need for factual foundation and consideration of wider fiscal/state consequences (Road Accident Fund).
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4 February 2022 |
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Applicants improperly sought to revisit a final judgment and failed to establish grounds to remove the executor; application dismissed with punitive costs.
Civil procedure — rescission/variation of judgment — functus officio and limits of Uniform Rule 42; Administration of Estates Act s 54 — removal of executor — procedural and evidential prerequisites; disputes of fact on motion — duty to refer to oral evidence or institute action; costs — attorney and client scale for unmeritorious litigation.
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3 February 2022 |