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Citation
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Judgment date
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| August 2022 |
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SUMMARY:
Tender – Whether a tender can be rejected at the review stage – Whether a Procurement Unit has discretionary powers to condone non – Compliance with the requirements of tender invitation – Regulation 28 couched in peremptory terms and overly rigid – A tender must be rejected at a review stage if it is non – Compliant with the requirements of tender invitation.
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31 August 2022 |
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SUMMARY
CIVIL PRACTICE AND PROCEDURE: Abuse of urgency procedure- application dismissed on that basis alone- requirements of application for rescission lodged in terms of Rule 27 of the High Court Rule.
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25 August 2022 |
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SUMMARY
LAW OF CONTRACT: Cancellation of contract based on breach- fairness and unreasonableness as grounds for avoiding enforcement of a contract- Held, that these cannot be the basis for avoiding enforcement of a contract- undue influence as a ground for terminating an agreement- mistake as to the motive for entering into a contract- Held, that such does not vitiate a contract- Practice and Procedure- foreseeability of a material dispute of fact arising in motion proceedings- the approach to be adopted articulated and applied.
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25 August 2022 |
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SUMMARY
CIVIL PRACTICE AND PROCEDURE: Abuse of urgency procedure- Application dismissed with punitive costs for abuse of urgency procedure- Law of property- counter application for a spoliatory relief in relation to incorporeal property- principles considered and applied.
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25 August 2022 |
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SUMMARY
Judgments and orders – Rescission under rule 45(1)(a) – Whether admission by Counsel acknowledging service of court process to his client is hearsay - The amount already paid not discounted when summons was issued – Whether judgment was erroneously granted.
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19 August 2022 |
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SUMMARY
LAW OF PROPERTY: Application for a tacid hypothec-The requirements thereof- Civil practice- how evidence which is adduced for the first time in reply should be dealt with- Unjust enrichment- Principles considered and applied
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18 August 2022 |
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SUMMARY
CIVIL PRACTICE: Application for contempt of court- applicable principles considered and applied- Unjust enrichment where deductions of the applicants’ salaries were made despite the court order prohibiting same towards payment of their loans- The respondents were not enriched by effecting repayment of the loans they advanced to the applicants.
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18 August 2022 |
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SUMMARY
LAW OF PROPERTY- Non-compliance with section 24 of the Deeds Registry Act- Respondent taking occupation of the sub-leased property before consent sought and the sublease agreement being registered- Consequences thereof- Sublease agreements cancelled and declared null and void
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18 August 2022 |
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SUMMARY
CIVIL PRACTICE: Application for rescission of judgement in terms of Rule 27- Applicable principles considered and applied.
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18 August 2022 |
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SUMMARY
COMPANY LAW: Application for judicial management on account of mismanagement of the company by its directors brought in terms of section 156 (1) of the Companies Act 2011- applicable principles considered and applied.
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18 August 2022 |
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SUMMARY
CIVIL PRACTICE AND PROCEDURE: Application for leave to appeal a dismissed application- whether tenable- A dismissed application incapable of being stayed- Application for leave dismissed with costs.
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18 August 2022 |
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SUMMARY
DEBT RECOVERY- In an action for recovery of money for goods sold and delivered and where the defendant raises a special defence- the onus of proving the special defence is on the defendant- Postponement of proceedings- Principles applicable re-stated and applied.
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18 August 2022 |
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SUMMARY:
Application for Summary Judgment – Defendant moving the Court to ignore particulars of claim attached to the summons in considering the application – The propriety of Applicant’s reliance on evidential documents attached to the summons considered – Application for summary judgment granted.
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18 August 2022 |
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SUMMARY
Urgent application – Practice - Is there urgency? – Abuse of Court process, what constitutes.
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5 August 2022 |