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Citation
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Judgment date
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| April 2022 |
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23 April 2022 |
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SUMMARY:
Application in terms of Rule 30(1) of the High Court Rules of 1980 – Applicant claiming that respondents took an improper or irregular step – Respondents having not complied with the request for further particulars instead lodged application for Summary Judgement – Applicant claiming that the respondents should have first provided the requested particulars and that the summary judgment application was set down for hearing less than seven days from the date of its delivery – Summary judgement application set aside as improper or irregular step for want of proper notice.
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11 April 2022 |
| 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 |
| February 2022 |
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SUMMARY:
Application – Application to suspend execution of Minister’s decision to terminate mining lease – whether it’s a prayer for specific performance or temporary interdict – Prayer for specific performance has its foundation from breach of contract which must be pleaded – A prayer mischaracterised and refused absent some of the requirements of temporary interdict.
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25 February 2022 |
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SUMMARY:
Jurisdiction – Commercial Court established to hear disputes arising out of commercial or business transactions – Refusal to issue a building permit cannot be classified as restraint of trade or a dispute arising out of a commercial or business transaction – Commercial Court lacking jurisdiction to issue writ of mandamus against Government to issue a building permit.
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22 February 2022 |
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SUMMARY
Proceedings against Government – It is sufficient to cite Attorney General in his nominal capacity where Government is sued – Where Attorney General is cited, it is not necessary but convenient for purposes of ensuring compliance to cite a Minister instead of a Ministry or Department.
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12 February 2022 |
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SUMMARY:
Interim Interdict: requirements discussed – applicant failing to demonstrate absence of any other satisfactory remedy – application dismissed.
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9 February 2022 |
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Summary
Ex parte application – applicant failing to be ultra – scrupulous in obtaining interim relief and pursuing meritless application – such conduct attracting discharge of the rule nisi with punitive costs.
Tacit hypothec – principles discussed – failure to prove rentals owing – application dismissed.
Costs de bonis propriis – responsibility of Counsel towards Court vis a vis his client – Counsel mulct with costs for twisting the facts and assisting client to pursue unarguable case.
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9 February 2022 |