|
Citation
|
Judgment date
|
| December 2024 |
|
|
|
11 December 2024 |
|
|
11 December 2024 |
| November 2024 |
|
|
|
27 November 2024 |
|
|
11 November 2024 |
| June 2024 |
|
|
|
13 June 2024 |
|
|
13 June 2024 |
| May 2024 |
|
|
|
8 May 2024 |
| February 2024 |
|
|
|
26 February 2024 |
|
|
26 February 2024 |
| December 2023 |
|
|
|
19 December 2023 |
| November 2023 |
|
|
|
30 November 2023 |
|
|
30 November 2023 |
|
|
30 November 2023 |
|
|
30 November 2023 |
| September 2023 |
|
|
|
14 September 2023 |
|
|
14 September 2023 |
|
|
14 September 2023 |
|
|
14 September 2023 |
| August 2023 |
|
|
|
3 August 2023 |
|
|
3 August 2023 |
|
|
3 August 2023 |
|
|
3 August 2023 |
| May 2023 |
|
|
|
11 May 2023 |
SUMMARY
CIVIL PRACTICE: The point of lack of jurisdiction of the court being raised for the first time in the heads of argument- propriety thereof- Held, lack of jurisdiction goes to the core of the court’s competency to hear the matter, and therefore it can be raised at any point, even for the first time on appeal.
|
4 May 2023 |
SUMMARY
CIVIL PRACTICE AND LAW OF PROPERTY: Proceedings for contempt of court order- The requisites thereof-Law of property-What the respondent need to prove on resisting the owner’s claim for his property where it was kept in storage on the basis of an agreement with a third party without consent of the owner-In order to be successful, the requisites of negotiorum gestio must be present.
|
4 May 2023 |
|
|
4 May 2023 |
SUMMARY
CIVIL PRACTICE AND PROCEDURE: The applicant failing to make out a case for the reliefs sought- Despite such failure the court relying on the Prayer for ‘Further and/ or alternative relief’ to do justice between the parties ordered that the proceeds be shared equally between the parties in view of the circumstances of the matter- Each party to bear its own costs.
|
4 May 2023 |
SUMMARY
CIVIL PRACTICE AND PROCEDURE: Invocation of Rule 8(10)(c) of the High Court Rules 1980 by the respondent in urgent matters- Whether the respondent is barred from filing answering affidavit if he/she chooses to raise the points of law in terms of Rule 8(10) (c)- Held, in the circumstances of the case, the matter should be decided on the basis of the applicant’s founding affidavit as the points of law raised have no merit- Application granted as prayed.
|
4 May 2023 |
SUMMARY
COMPANY LAW: Judicial dissolution of a company sought by shareholders of the company on the basis of the provisions of section 171(b) (i)- the basis of complaint being that there is a deadlock in the management of the company- principles for determining when a company may be dissolved on the basis of a deadlock in management discussed and applied- The court acceded to a prayer for dissolution.
|
4 May 2023 |
| April 2023 |
|
|
|
25 April 2023 |
|
|
17 April 2023 |
| March 2023 |
|
SUMMARY
Arbitration – Parties agreeing to have their dispute resolved by arbitration – Once a party signs for arbitration, it cannot invoke jurisdiction of High Court when arbitration agreement is extant and its enforcement is not against public policy – Agreements freely entered into must be honoured.
|
27 March 2023 |
SUMMARY
Agreement of sale of plot-Cancellation of the sale agreement-Defendants excepting to court’s jurisdiction-Exception misguided and not in conformity with guiding principles- exception dismissed.
|
27 March 2023 |
SUMMARY
Law of contract- Elements of a valid contract – essentials of a partnership - what constitutes termination of a contract.
|
21 March 2023 |
SUMMARY:
Tender Panel making award to a tenderer not recommended by Evaluation Team – Tender Panel properly exercising its powers in declining the recommended tenderer whose tendered price was irregular – Public Procurement Advice Division does not have jurisdiction to entertain an appeal from a dissatisfied tenderer without recourse, in the first place, to the Procurement Unit – The decision of the Tender Panel stands.
|
13 March 2023 |
SUMMARY
Contempt of Court – The law on contempt of court re-stated and discussed
|
7 March 2023 |
| February 2023 |
|
SUMMARY
Interdict – To restrain the respondent from interfering with applicant’s possession of certain land – Applicant relying on unregistered sub – lease agreement and is asserting a right of lien as a bona fide occupier – Long term unregistered sub -lease agreement null and void and cannot be a source of rights – Applicant failing to disclose quantum of alleged enrichment or increase in the value of property and evidence of impoverishment – A claim for lien not substantiated – Applicant’s possession interfered with – Requirements of interdict proved - Respondent restrained from taking possession of the premises unless it is by due process of law
|
28 February 2023 |
|
|
28 February 2023 |
SUMMARY
Civil Procedure – Amendment of Pleadings – discretion of the court to grant such – Rule 33 of the High Court Rules Restated.
|
23 February 2023 |
|
|
20 February 2023 |
SUMMARY
CIVIL PRACTICE- Application for contempt of court- The requisites of the remedy re-stated and applied.
|
16 February 2023 |
SUMMARY
LAW OF CONTRACT AND DAMAGES- Payment of mora interest for repudiated sale of a landed property- Claim for loss of profits on account of repudiation- Principles applicable considered and applied- Defendant claiming that the plaintiff contributed negligently to his incurring damages-Held, unlike in the law of delict, a party’s contributory negligence cannot be defence to a claim for damages for breach of contract unless the plaintiff’s conduct is the only cause of damage.
|
16 February 2023 |
| December 2022 |
|
SUMMARY
Application – Authority to institute legal proceedings on behalf of artificial person seriously challenged – Onus on the deponent to the founding papers to provide more than minimum of evidence that the proceedings are duly authorised – A director does not have authority to institute legal proceedings on behalf of artificial person by virtue of position – Authority to institute legal proceedings must be duly conferred – The deponent to the founding papers failing to thwart challenge to his authority – Application dismissed.
|
15 December 2022 |
SUMMARY
CIVIL PRACTICE: Application for stay of execution pending appeal against a provisional sentence in circumstances where the leave of Court of Appeal should have been sought- Application dismissed as appeal was lodged without the leave of the Court of Appeal being sought.
|
14 December 2022 |
SUMMARY
CIVIL PRACTICE: Application for leave to appeal a final order before the High Court- Held, the order being appealed against being final in nature and effect, the applicant should appeal straight to the Court of Appeal- leave of the High Court should only be sought against the judgment of the High Court exercising its civil appellate jurisdiction – Approach to dealing with an exorbitant amount reflected on the Writ of Execution than the amount that is owed by the judgment debtor, articulated.
|
14 December 2022 |
SUMMARY
CIVIL PRACTICE: Application for variation of judgment under common law- Principles applicable considered and applied.
|
14 December 2022 |
| November 2022 |
|
Summary:
Exception – Defendants raising non - joinder and misjoinder by way of exception under rule 29 (1)(a) of the High Court Rules – Whether the defence is within the ambit of the rule – Exception is permissible where the defect complained of is ex facie pleadings – Exception dismissed
|
30 November 2022 |
SUMMARY
Civil Procedure – Authorisation to institute proceeding for a juristic person – Requirements therein - Urgent application- urgency has to be shown and is not there for the taking -
|
23 November 2022 |
SUMMARY
Application in terms of rule 8(22) - A matter should not be given preferential treatment simply because it has financial consequences – Applicant failing to meet threshold for urgency - Interim interdict - Applicant failed to prove requirements thereof - Interim interdict not granted.
|
15 November 2022 |
|
|
8 November 2022 |