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Citation
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Judgment date
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| November 1983 |
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Accused’s self-defence rejected; State proved murder and attempted murder, though provocation found mitigating for sentence.
Criminal law – murder and attempted murder – credibility assessment where accused pleads self-defence – role of corroborative witnesses and forensic evidence; provocation as mitigating circumstance for sentence.
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11 November 1983 |
| June 1983 |
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Eyewitness and post‑mortem evidence accepted; accused’s self‑defence and intoxication rejected, convicted of murder and sentenced to death.
Criminal law – Murder – Credibility of eyewitnesses and consistency with post‑mortem findings – Self‑defence and intoxication raised but rejected – No extenuating circumstances – Death sentence – Leave to appeal dismissed.
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7 June 1983 |
| November 1982 |
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Confessions were found admissible, and the accused convicted for conspiracy and murder following the arranged killing of the deceased.
Criminal law – murder – confession – admissibility – voluntariness of confession – conspiracy to commit murder – requirements of section 18(2)(a) of Act 17 of 1956 – common purpose – extenuating circumstances in sentencing. |
22 November 1982 |
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The court convicted the accused of murder with extenuating circumstances, citing provocation during an emotionally charged altercation.
Criminal law – Murder – Credibility of eyewitness – Intention – Accused’s version rejected – Extenuating circumstances – Provocation and emotional disturbance considered in sentencing. |
10 November 1982 |
| December 1914 |
|
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Reported
Pledge.-Boolf debts.-Construction of bonds.-Knowledge of prior pledge.---Cession.-Delivery. |
28 December 1914 |
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Reported
lnsolvency.-Provisional Trustee.-Sec. 163 of law 13 of 1895 |
1 December 1914 |
| November 1914 |
|
|
Reported
Practice.-Pauper suit.-Assets recently in possession.-Onus of proof as to means |
26 November 1914 |
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Reported
Intoancating liquors. - Renewa.l of licence refused. -Fresh
evidence.-Power to 1·ehear by licensing court.-Jurisdiction.
-Ordinance 32 of l902.-Proclamation 14 of 1902, secs. 18
and 27. |
26 November 1914 |
|
Reported
Trust.-Power to administer, alienate and dispose of trust property and to apply income for maintenance.-Power to mortgage Income.-Power to add unexpended income tocapital.-Construction.-No power to ,mortgage corpus.-Temporary and permanent addition to capital. |
20 November 1914 |
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Reported
lnsolvency.-Voluntary surrender.-Law 13 of 1895, sec. 3.Schedules.-Computation of time. |
17 November 1914 |
|
Reported
Insolrency.-Proof of debt.--Cause of debt.-Description.-Bond in favour of third person.-Preference. |
10 November 1914 |
|
Reported
Jurisdiction.-Witwatersrand Local Division.-Antenuptial
contract.-Registration.--Common law. |
5 November 1914 |
|
Reported
Ultra vires.-Stock Exchange.-Committee.-Control of business.Alteration of completed bargains. |
5 November 1914 |
|
Reported
Husband and wife.-Restitution of conjugal rights.-Plaintiff
outside jurisdiction.-Funds to come within jurisdiction. |
5 November 1914 |
| October 1914 |
|
|
Reported
Practfre.-Pauper suit.-Peregrini.-Rule 86.-Security for costs. |
29 October 1914 |
|
Reported
lnsurance.-Fire-policy.--Premature termination of prior
policy .-Material non-disclosure. |
27 October 1914 |
|
Reported
Trust.-Failure of objects.-Addition to objects.-Cy pres
doctrine. |
22 October 1914 |
| September 1914 |
|
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Reported
Insolvency.-T/olunta1·y sunende1·.-Law 13 of 1895, sec: 3.-Notices in local paper.--Twenty-one days.-Creditors represented. |
24 September 1914 |
|
Reported
Husband and wife.-Alimony.-Nature of.-Not capable of
compensation. |
14 September 1914 |
| August 1914 |
|
|
Reported
Contract. - Illegality. - Promissory notes. -Recovery. Englisk exceptions to general Rule.-Less guilty party.-Contract not evecuted. |
25 August 1914 |
|
Reported
lnsolvency.-Law 13 of 1895, sec. 59.-Trustee.-Locus standi. |
12 August 1914 |
| July 1914 |
|
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Reported
Married woman.-Public trader.-Immovable property;Leave
to alienate. |
28 July 1914 |
|
Reported
Practice.-Security for claim in reconvention.-Application.-,Promptness .-Waiver. |
28 July 1914 |
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Reported
lnsol'vency.-Bonded property.--Duty of Trustee.-Law 13 of 1895, sec. 62.-Removal of Trustee.-Grounds for.-Law 13 of 1895, sec. 77.-Commission under sec l63 -Mandamus on Trustee .-Costs. |
14 July 1914 |
| June 1914 |
|
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Reported
Husband and Wife.-Agreement at time of Marriage.-Not to liveout of England.-Contra bonos mores. |
15 June 1914 |
|
Reported
Defamation.-Slander.-ln R.M. Court.-By attorney.-Extent of Counsel's privilege . |
12 June 1914 |
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Reported
lnsolvency.-Law 13 of 1895, sec. 3.-Time for filing schedules.Negligence of Attorney.--Costs of voluntary surrender proceedings. |
4 June 1914 |
| May 1914 |
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Reported
Husband and wife.-Domicile of Choice.-Residence by husband. |
22 May 1914 |
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Reported
Land.-Proclamation 8 of 1902, sec. 30.-Promise· to hold land in trust.-Absence of contract in writing.-lnterdict. |
15 May 1914 |
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Reported
Municipality.-Ord. 9 (1'rans't•aal) of 1912, sec. 96.-Applicaition for license.-N o notice to applicant.-Reopening.-Superior Court. Provincial Council.-Powers.-Ord. 9 of 1912, secs. 88, 90, 91.South Africa Act, secs. 85 (1), 89.-Cycle dealers' license.Regulation of Trade. |
4 May 1914 |
| April 1914 |
|
|
Reported
Carriers.-Railway.-Carriage of goods.- Liability for.- Inevitable Superior Force."-Act 1'3 of 1908, sec. 18 (1), (d).Civil commotion.-Riotous assembly. |
24 April 1914 |
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Reported
Will.-Prodigal.-Leave to make.-Authority of State.-Court. |
16 April 1914 |
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Reported
Gold Law.-Act 35 of 1908, secs. 106, 107, 114.-Law 18 of 1913, secs. 3, 4.-Jeweller's licence.----Coloured person. |
16 April 1914 |
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Reported
Practice.-Commission de bene esse.-Plaintiff-Convenience. |
14 April 1914 |
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Reported
lnsolvency.-Dischmrge of .provisional order of sequestration.Agreement thereon to transfer assets from insolvent to a creditor. - Construction. - Cession. Provisional trustee. - Measure of remuneration.-Law 13 of 1895, sec. 105. |
9 April 1914 |
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Reported
lnsolvency.-Law 13 of 1895, sec. 101.-Election by trustee. |
2 April 1914 |
| March 1914 |
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Reported
A guilty spouse forfeits marital benefits; jewellery given after marriage must be returned to the innocent spouse.
* Matrimonial law – forfeiture of benefits – guilty spouse cannot retain benefits derived from the marriage and must restore gifts. * Recovery of gifts – jewellery given after marriage recoverable by innocent spouse upon matrimonial misconduct. * Distinction considered between necessary attire/ornament and other gifts but forfeiture principle extended. * Civil procedure – petition must allege creditor status and locus standi under s.7, Law 13 of 1895; court will not infer such status from vague language.
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26 March 1914 |
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Reported
Practice.-Insolvency.-Petition for Sequestration.-Necessary Allegations-.-Reference to order of Court not embodied |
5 March 1914 |
| February 1914 |
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Reported
Husband and Wife.-Divorce.-Malicious Desertion.Restitution of conjugal rights outside jurisdiction. |
3 February 1914 |
| January 1914 |
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Reported
Statutory bona fide payment clause shields Postmaster-General from liability for forged withdrawals; leave to enforce restitution abroad denied.
* Statute—Post Office Act 10 of 1911—section 119—‘bona fide payment’ clause—discharge of Government and paying officers from liability despite forgery or fraud.
* Construction—Effect of new statutory regime on prior deposits—continued deposits and written consent bind depositor to new Act’s terms.
* Banking/Post Office Savings Bank—liability for forged withdrawals—role of official negligence versus statutory protection.
* Family law—restitution of conjugal rights—leave to enable return/enforcement outside jurisdiction—permitted only in special circumstances.
|
20 January 1914 |
| August 1913 |
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Reported
Jurisdiction - Local Division -Divorce - Plaintiff husband within the jurisdiction - Defendant wife resident without
|
7 August 1913 |
| July 1913 |
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Reported
Husband and wife - Judicial separation order subsisting - Action for restitution of conjugal rights - Jurisdiction of Court - Agreement to resume cohabitation
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31 July 1913 |
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Reported
Purchase and Sale - Vacua possessio - Duties of Seller and Buyer - Claim by third party - Security against eviction - Payment by instalments - Divisible contract
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22 July 1913 |
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Reported
Principal and Agent - Power of attorney to sue - Power to execute not thereby granted
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1 July 1913 |
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Reported
Contract - Interpretation - Gold Law - "Vergunning" - Law 18 of 1892
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1 July 1913 |
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Reported
lnsolvency - Act of - Nulla Bona Return - Subsequent Agreement to Pay - Not a Ground for Sequestration
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1 July 1913 |
| June 1913 |
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Reported
Practice - Defective summons - Setting aside - Proper procedure
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26 June 1913 |
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Reported
Work and labour - Architect's fees - Basis of remuneration
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23 June 1913 |
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Reported
Landford and tenant - Lease of stand - Restrictive covenants as to coloured persons - Living on stand - Caretaker
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19 June 1913 |
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Reported
Landlord and tenant - Agricultural lease - Sub-letting without lessor's consent - Forfeiture - Cancellation of lease
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12 June 1913 |