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Citation
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Judgment date
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| March 2022 |
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Summary
Civil procedure-notice to file further affidavits in terms of Rule 8(12 )- notice served with the founding affidavit in terms of which rescission and other relief sought - whether this rule may be utilized by an applicant who prematurely files an application before a cause of complaint arises- as a result founding affidavit lacking facts to support the reliefs sought - whether this rule could be invoked to make good counsel’s remissness in handling a matter - the purpose of the Rule restated - application insupportable on the facts of the matter - application procedurally defective and misconceived.
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21 March 2022 |
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SUMMARY
CIVIL PRACTICE: Applicant lodging an application in circumstances where material dispute of facts reasonably foreseeable- Application dismissed on this basis alone, with costs.
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17 March 2022 |
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SUMMARY
CIVIL PRACTICE: Appeal against the decision of magistrate issuing final orders without first affording the appellant a hearing and for having based his judgment on issues not foreshadowed in the pleadings- Held, appeal must succeed on these grounds
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17 March 2022 |
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SUMMARY
ADMINISTRATIVE LAW: Judicial review based on rationality of the decision of the 1st respondent to award the tender to the 3rd respondent despite critical shortcomings in its technical bid- Principles applicable to rationality review considered and applied.
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14 March 2022 |
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Summary
Application for summary judgement - Rule 28(3)(b) requirements restated - defendant making bald assertions of their defense – failing to meet the requirements of the rule - application for summary judgement granted
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4 March 2022 |