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Citation
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Judgment date
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| February 2023 |
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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
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28 February 2023 |
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28 February 2023 |
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SUMMARY
Civil Procedure – Amendment of Pleadings – discretion of the court to grant such – Rule 33 of the High Court Rules Restated.
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23 February 2023 |
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20 February 2023 |
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SUMMARY
CIVIL PRACTICE- Application for contempt of court- The requisites of the remedy re-stated and applied.
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16 February 2023 |
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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.
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16 February 2023 |