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Citation
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Judgment date
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| November 1983 |
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Applicant failed to show sufficient cause for condonation of late application for leave to appeal; both applications refused.
Civil procedure – Condonation for late application for leave to appeal – burden on applicant to show sufficient cause – attorney’s negligence not a per se ground for condonation unless identified and satisfactorily explained – prospects of success relevant but not decisive.
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11 November 1983 |
| May 1983 |
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Whether a s10(1)(e) rebuttable presumption was rebutted and whether the sentence was shockingly excessive.
Criminal law – Drugs (dagga) – Section 10(1)(e) rebuttable presumption where dagga is found in vehicle under accused's control – evidential/onus to rebut presumption; appeal against conviction and sentence – appellate interference limited to misdirection or sentence inducing sense of shock; bail extension pending leave application.
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9 May 1983 |
| January 1983 |
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Application for leave to appeal dismissed — no reasonable prospect of a different finding on mitigating or aggravating circumstances.
Criminal procedure — leave to appeal — test for leave to appeal is whether there is a reasonable possibility another court would reach a different conclusion; application for leave to appeal dismissed where trial court properly considered mitigating and aggravating circumstances in murder and robbery convictions.
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1 January 1983 |
| April 1955 |
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Applicant failed to prove respondent undertook or ratified liability for materials; absolution granted with costs.
Contract law – independent contractors – agency and ratification – burden of proof to establish promise to pay – absolution from instance where plaintiff fails to prove defendant’s liability.
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16 April 1955 |
| October 1952 |
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Application to mortgage property subject to a fideicommissum refused as not within recognised exceptions.
Fideicommissum — prohibition on mortgaging fideicommissary property — exceptions defined in Ex parte Strauss — proposed contemporaneous mortgage and fideicommissum registration does not avoid prohibition — leave to encumber refused.
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1 October 1952 |
| August 1952 |
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General leave refused but appeal permitted on whether a £20 payment constituted corrupt involvement under art. 2(a) of Act No. 4 of 1918.
Criminal law – leave to appeal under s.369(1) – standard for granting leave – conviction contrary to evidence – reservation/grant of leave on discrete legal question – alleged corruption by payment; art. 2(a) of Act No. 4 of 1918.
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5 August 1952 |
| March 1951 |
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Court appoints nominated church official as curator for mentally incapable legatee but refuses premature declaratory relief on contingent testamentary rights.
Mental incapacity and curatorship – appointment of curator bonis and curator over person – testamentary nomination of curator – distinction between individual and corporate curator – declaratory relief under s.102 General Law Amendment Act 46 of 1935 – premature determination of contingent testamentary rights.
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22 March 1951 |
| June 1946 |
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Application to presume a missing person's death refused for lack of sufficient evidence; applicants ordered to pay curator ad litem costs personally.
Succession law – presumption of death – evidentiary standard for presuming death – balance of probabilities; Hearsay and foreign witness statements – admissibility and weight; Military records and official negative returns – probative value; Costs – executors, beneficiaries and curator ad litem costs.
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27 June 1946 |
| February 1880 |
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Reported
Renewal promissory notes do not discharge a secured debt absent clear intention to effect novation.
General bond; promissory note; renewal bills; novation; intention to novate; extension of time not extinguishing security; proof in insolvency
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12 February 1880 |