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Citation
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Judgment date
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| August 1880 |
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Reported
Court refused to authorize remarriage after prolonged absence; no judicial presumption of death on ex parte application.
Matrimonial law – desertion – remarriage – presumption of death – absence and due inquiry – administration/liquidation of absent person’s estate on security – jurisdiction to compel marriage officer – bigamy defence (good faith belief of death).
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31 August 1880 |
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Reported
An indorsee’s unreasonable delay in presenting a cheque bars recovery against a prior indorser unless actual loss to the drawer is shown.
Negotiable instruments — Cheques — Presentment within reasonable time — Delay by indorsee constitutes negligence and defeats claim against prior indorser; prior indorser’s brief neglect not a defence absent proven loss to drawer.
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30 August 1880 |
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Reported
A locally-elected colonial bishop lacks succession under letters patent and cannot claim church property held for the Church of England.
* Ecclesiastical law – letters patent – succession to colonial bishoprics – requirement of Crown nomination and consecration by Archbishop of Canterbury.
* Church status – Church of the Province of South Africa vs Church of England – effect of provincial canons repudiating binding force of Queen-in-Council decisions.
* Trusts and property – cathedral site held under Crown grants and colonial statutes for Church of England uses – civil enforcement against unilateral ecclesiastical change.
* Civil enforcement – limits on civil courts enforcing internal ecclesiastical changes that would override statutory or trust obligations.
* Procedure/tribunal – competence and constitution of diocesan court; estoppel from participation in synods/election.
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26 August 1880 |
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Reported
Boarders who do not pay a separate room rent are not "resident householders"; votes by such boarders can invalidate an election and lead to apportioned costs.
Municipal elections – Qualification of voters – "Resident householder" under Ordinance 9 of 1836 s.48 and Act 13 of 1864 ss.7–8 – Boarders in boarding-houses who do not pay separate room rent are not resident householders; votes given by such boarders invalid – Election void as to affected candidate; costs taxation and apportionment where mixed success.
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19 August 1880 |
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Reported
Rule in the nature of a mandament van spo lie granted. |
18 August 1880 |
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Reported
Effect of fraud upon transfer of dominiwm. |
13 August 1880 |
| July 1880 |
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Reported
Fidei commissum.-Alienation by Fiduciary.-Prescription. |
12 July 1880 |
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Reported
Intestate with no parents or descendants: estate splits equally between paternal and maternal lines; collateral representation is limited.
Intestate succession — Charter of 1661 adopts Political Ordinance of 1580 — where no parents or descendants estate divides into paternal and maternal moieties — representation among collaterals limited to grandchildren of siblings and children of uncles/aunts — cousins represent parent and take per stirpes.
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12 July 1880 |
Insolvent Ordinance, §§ 83, 84, 88.-Undue Preference |
12 July 1880 |
Ord. 6, 1843, § 83.-Fraudulent Alienation by Insolvent. |
12 July 1880 |
| June 1880 |
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Trustees may not profit beyond statutory commission without creditors' authority; reasonable bona fide expenses can be recovered.
Insolvent estates — Trustee remuneration — Trustee cannot profit beyond statutory commission absent creditors' authority; unauthorised auctioneer's commission disallowed; reasonable bona fide out-of-pocket expenses (e.g. travel) may be allowed; disputed advertising/account charges disallowed; costs payable from estate.
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30 June 1880 |
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A messenger who seizes and sells goods known (by debtor) to belong to a third party is liable to that third party.
Attachment and execution – messenger/sheriff may seize only debtor's goods; seizure of goods claimed by a third party after debtor’s warning is at messenger's peril; messenger liable to true owner for value and damages.
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23 June 1880 |
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Reported
Pactum de non petendo.-Consideration. |
18 June 1880 |
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Reported
A post-contractual composition may be pleaded as a defence without consideration; deaf-mute not automatically freed from curatorship; river declared boundary.
* Prescription – immovable property – interruption of prescription requires judicial interpellation; summons to appear sufficient.
* Boundaries – declaration that river is boundary between adjoining farms.
* Curatorship – deaf and dumb person not automatically released from curatorship; appointment of curator bonis appropriate where necessary.
* Contract law – pactum de non petendo/composition – post-contractual composition can be pleaded as defence without consideration; Perry v. Alexander approved.
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17 June 1880 |
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Reported
Act 6, of 1861, § 7.-Act No. 7, of 1865.-Prescription. |
11 June 1880 |
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Reported
Governor's Commission.-Letters Patent of August 20, 1872.Letters Patent of February 26, 1877.-Interpreter of Supreme Court. |
8 June 1880 |
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Reported
Arrest under Rule of Court 8. |
3 June 1880 |
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Reported
Measure of damages in m action for trespass.-Animals ferre
naturre. |
2 June 1880 |
| May 1880 |
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Reported
A newspaper's "ill‑gotten gains" remark about the respondent was fair comment, not an accusation of dishonesty.
Defamation — meaning of words — context and whole‑article construction — opinion versus factual imputation — fair and bona fide comment on public interest; criticism of allegedly profiting from sales to natives held opinion, not libel.
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25 May 1880 |
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Reported
A trustee who acts bona fide under creditors' instructions may charge unsuccessful litigation costs to the insolvent estate; general mortgagees are not exempt.
Insolvency law – costs of creditor-authorized litigation – trustee acting bona fide may charge unsuccessful litigation costs to the insolvent estate; general mortgagees not specially exempt. Case law requires strong proof of intent to prefer to set aside transactions.
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15 May 1880 |
| March 1880 |
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Reported
Claimant who paid part of purchase price but lacked a proprietary right cannot claim land from transferee’s insolvent estate; must prove as concurrent creditor.
Insolvency — proprietary rights — jus in rem — validity of transfer into transferee’s name prior to insolvency — where no real right or vitiating fraud shown, claimant must prove as concurrent creditor.
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12 March 1880 |
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Reported
Alienation of Property by Fiduciary.-Trustee in Insolvency:-Remedy of Fidei Commissaries.-Rei vindicatio.Restitutio in integrum.-Sale ex decreto judicis. |
12 March 1880 |
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Reported
Community of property.-Mutual will of hiisband and wife.Subseqiient will by surviving spouse, how far valid.-Oril. 104, §§ 14 and 15. |
12 March 1880 |
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Reported
Ord. No. 16 of 1847, § 25.-Detention. |
2 March 1880 |
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Reported
Act No. 18 of 1873, § 2, sub-sect. 2.-Termination of contract
of service. |
2 March 1880 |
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Reported
Fideicommissary legatees acquire personal, not real, rights when the legacy property never vested in the testator.
* Succession law – mutual will and codicil – fideicommissum/reservatory clause – vesting requirement for real rights. * Legacies of property not belonging to testator confer personal rights against heir/executor, not rei vindicatio or hypothecary remedies. * Protection of bona fide purchasers where legatees lack real rights. * Remedy against executors for value of legacy where property never vested.
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1 March 1880 |
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Reported
Ordinance of Charles V., of the year 1515.-0rdinance of the year 1658.-Inability of lessee of country lands to sublet. |
1 March 1880 |
| February 1880 |
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Reported
A third-party signature on a promissory note creates suretyship not liquid liability; provisional sentence therefore unavailable; rural leases cannot be sublet without landlord consent.
* Bills and notes – endorsement – signature by third party on back of promissory note constitutes suretyship (aval), not primary negotiable liability – provisional sentence not available; Norton v. Satchwell followed. * Property/tenure – rural leases (praedia rustica) – lessee may not sublet or assign lease without landlord consent under colonial law and relevant ordinances.
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28 February 1880 |
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Reported
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20 February 1880 |
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Reported
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20 February 1880 |
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Reported
Appropriation alone did not create an enforceable personal entitlement to the Bishop’s travelling allowance; claim dismissed.
Appropriation law – Ministerial allowance – Whether an appropriation in a schedule or departmental minutes creates a vested individual right – Contractual obligation of Crown – Effect of legislative resolution and of repeal with reservation – Trustee status of Government.
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10 February 1880 |
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Reported
Act 1 of 1861, § 15.-Act 19 of 1874, § 3.-Act 9 of 1858, §§ 11, 12, 13.-Public Roads.-Right of Crown to erepropriate lands for purpose of making such roads.Rule as to municipal lands, |
10 February 1880 |
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Reported
Insolvency.-Fradulent alienatior by insolvent.-Ord. 6, of
1843.-Common law as to insolvency how Jar abolished. |
10 February 1880 |
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Reported
A personal-injury action abates on a party's death unless litis contestatio occurred before death.
Actio iniuriarum – death of party – effect on action – litis contestatio – takes effect when case is ripe for hearing or defendant legally debarred – incomplete filing and lack of required notice do not constitute litis contestatio.
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2 February 1880 |
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Reported
Defendant not liable to contribute until a legally final liquidation — assets collected and remedies exhausted.
Contribution; meaning of 'final liquidation' — requires collection of all assets and exhaustion of legal remedies; voluntary subscriptions do not necessarily amount to final liquidation; excussion principle; unlimited shareholder liability and calls; construction of settlement agreements.
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2 February 1880 |
| January 1880 |
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Reported
A defendant’s misnomer in a summons does not automatically void judgment; registrars may require official attestation of out‑of‑colony powers of attorney.
* Civil procedure – Misnomer in summons – Effect on default judgment and writ of attachment – Misnomer not per se fatal. * Civil practice – Reopening default judgment – availability of reopening where substantial defence exists. * Conveyancing – Powers of attorney executed abroad – requirement of attestation by Landdrost/Justice of the Peace for Registrar of Deeds to accept transfer authority.
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12 January 1880 |
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Reported
The Vagranay Act (No. 23 of 1879), §§ 2, 9, & 11-Wandering
Abroad.
A Magistrate is not empowered by § ll of the Vagraney Act
to give an alternative sentence of employment. |
12 January 1880 |