Commercial Division

162 judgments

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162 judgments
Citation
Judgment date
September 2025
18 September 2025
11 September 2025
11 September 2025
4 September 2025
August 2025
28 August 2025
14 August 2025
14 August 2025
14 August 2025
14 August 2025
June 2025
9 June 2025
May 2025
30 May 2025
30 May 2025
30 May 2025
April 2025
14 April 2025
10 April 2025
10 April 2025
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