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Citation
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Judgment date
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| September 2022 |
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SUMMARY:
Civil Procedure - Application for condonation and removal of the bar - Requirements thereof discussed – Applicant failing to provide a reasonable explanation for her default and bone fide defence – Application dismissed.
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30 September 2022 |
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SUMMARY:
Civil Procedure – Special plea – Plaintiff annexing evidential documents to its summons - Defendants moving court to dismiss action on that basis - Summons compliant with court rules and disclosing a cause action – The special plea dismissed.
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30 September 2022 |
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Review Application- Jurisdiction of the court- Effectiveness of judgements. Court to decline jurisdiction where its judgements are rendered ineffective.
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29 September 2022 |
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SUMMARY
Inter Political Party dispute - Challenge over elected constituency committee – Applicants raising new case in arguments –Matters raised purely political –Political disputes deserve political resolution –Application dismissed with costs.
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29 September 2022 |
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SUMMARY
Procedure – points of law in limine – lis pendens – procedure for raising it – non-joinder and misjoinder – dispute of fact in motion proceedings – material non-disclosure.
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29 September 2022 |
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29 September 2022 |
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SUMMARY
First applicant having noted appeal from judgment of the High Court - Seeking to stay execution of the judgment through an interdict - Impermissible for party to stay execution of judgment through substantive application for interdict - Party to seek stay of execution of judgment before the Judge whose judgment is appealed from - Provisions of Court of Appeal Rules, 2006. Objection against nomination of candidate for elections- nomination rejected - Disqualification of candidate for nomination for election- not one of the circumstances, that can render elections as failed, as envisaged in National Assembly Electoral Act, 2011.
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28 September 2022 |
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SUMMARY
Cost de bonispropriis – need for.
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28 September 2022 |
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SUMMARY
Law of Contract – Fixed Term Service Contract signed between the parties – Applicant entitled to gratuity in terms of the signed contract – Respondents reneging liability of gratuity - Caveat Subscriptor principle and Doctrine of quasi mutual assent applied – Parole Evidence Rule also applicable – Respondents liable to pay applicant the gratuity pursuant to the contract.
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27 September 2022 |
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SUMMARY
Whether the deceased abandoned customary way of life in favour of European way of life- principles applicable. While matter proceeding, the Administration of Estates Proclamation (Amendment) Act,2022 promulgated- whether it has retrospective application- statutory interpretation discussed.
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23 September 2022 |
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SUMMARY:
Application in terms of Rule 30(1) of the High Court Rules of 1980 – Plaintiff claiming that defendant took an improper or irregular step – Withdrawal of application without consent of plaintiff or leave of court – Notice of withdrawal not containing consent to pay costs – Notice of withdrawal filed before the matter was set down for hearing – Consent of the other party or leave of court not required - Plaintiff to pursue costs under rule 43(1)(d) – Application under rule 30 dismissed.
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22 September 2022 |
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SUMMARY
Electoral law - General Elections - Nominees holding public office – IEC Rejecting their nomination pursuant to Section 40 (2) of the National Assembly Electoral Act, 2011 which disqualifies public officers from standing for national elections - In reaction, nominees arguing that they had resigned as at the date of their nominations - Court finds Applicants to have failed to comply with the 30 days’ notice of resignation prescribed by Section 143 (3) of the Public Service Regulations, 2008 rendering them still public officers at the date of their nomination.
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22 September 2022 |
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SUMMARY
The court found no prejudice occurred here by use of both Sesotho and English which was permitted in the constitution. Nor can an instrument or proceedings be in-validated for that a reason. This is so when on the facts the Court so found that there would have been no fault or prejudice and found against the Applicant
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21 September 2022 |
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Summary
Civil application – Applicants alleging existence of oral agency agreement between the parties – Respondents denying existence of agency agreement but alleging another arrangement – The terms of the arrangement fitting the description of the oral agency agreement and the Respondents conducting themselves in terms of the alleged agency agreement – Consensus inferred from the conduct of the Respondents that there was agency agreement between the parties.
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20 September 2022 |
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SUMMARY
Civil Procedure – Interim Application – Requirements for Temporary Interdict re-stated -Urgency – Rules Applicable therein
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16 September 2022 |
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SUMMARY
Even against the fractious cohabitation of the parties it became overwhelming to conclude that Defendant’s adultery and malicious desertion had been proved to result inevitable in a divorce order.
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15 September 2022 |
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SUMMARY
Duties of an executor in terms of the Administration of Estates Proclamation no.19 of 1935. Alienation of matrimonial property in terms of the Legal Capacity of Married persons 2006.
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13 September 2022 |
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SUMMARY
Constitutional law – declaration of state of emergency and recall of dissolved Parliament to deal with it – whether citizens have locus standi to litigate on basis of rule of law review – whether failure by Parliament to pass bills before it is dissolved constitutes a public emergency – whether Parliament can be recalled to pass bills it failed to pass before its dissolution – Constitution sections 23, 70 and 84 (2); Interpretation (Amendment) Act, 1993 section 27A; Parliamentary Powers and Privileges Act, 1994 section 24; National Assembly Standing Order No.106; Senate Standing Order No.95
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12 September 2022 |
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12 September 2022 |
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Summary
Application – Review of Minister’s decision declining renewal of a mining lease under section 36 (5) of the Mines and Minerals Act No.4 of 2005 -Applicant not invoking rule 50 (4) of High Court Rules 1980, but raising further grounds of review in its replying affidavit – Minister’s discretionary powers under section 36 (5) circumscribed – Section 44 negotiations intended for parties to agree terms and conditions of new mining agreement – No need to enter into negotiations if the applicant does not meet the requirements for renewal under section 36 (5) – Application dismissed
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9 September 2022 |
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SUMMARY
The applicant in the main asked the Court to order the respondents to forward her names to the Independent Electoral Commission as the candidate for the RFP political party in the 2022 national general elections following her success over the others who were interviewed at the final stage of the meritocracy selection of the best candidate. The party declined to so forward her name due to its subsequent finding that she is a member of its rival TEB political party. Having been re-summoned by the RFP to be interrogated on the allegations of her membership to the TAB, she gave conflicting explanations compromising her credibility. It was not disputed that she knew about the meritocracy policy of the party since she participated in its processes and instituted this litigation to benefit from it. The court found that the documentarily proven duality of her membership to the two parties rendered the mutuality of trust between the RFP and herself placed in jeopardy to justify its declination. In the circumstances, her constitutional right to participate in the public affairs was found not to have been violated. The application was consequently refused.
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8 September 2022 |
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SUMMARY
Application for review and setting aside of the Commander’s decision to discharge the applicant on the grounds of irrationality and unreasonableness – does it amount to double jeopardy – held; decision was rational and reasonable – held it did not amount to double jeopardy – application dismissed
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7 September 2022 |
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SUMMARY
Civil Procedure – exception application in terms of Rule 29(2) – exception on the ground of vagueness- what constitutes?
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6 September 2022 |
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SUMMARY
Voluntary association – Political party – Conflict within the party – Executive Committee of the party declared respondents victorious over applicants after holding interviews – Such decision invalid. Membership of applicants questioned – Applicants held various portfolios within Constituencies Committees of the party – Took part in primary elections –Article 9 of the Constitution of the Party – applicants enjoyed benefits as members – applicants found to be full members of the party.
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1 September 2022 |