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Citation
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Judgment date
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| May 2023 |
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4 May 2023 |
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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.
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4 May 2023 |
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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.
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4 May 2023 |
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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.
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4 May 2023 |
| April 2023 |
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25 April 2023 |
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17 April 2023 |
| March 2023 |
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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.
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27 March 2023 |
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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.
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27 March 2023 |
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SUMMARY
Law of contract- Elements of a valid contract – essentials of a partnership - what constitutes termination of a contract.
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21 March 2023 |
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SUMMARY:
Tender Panel making award to a tenderer not recommended by Evaluation Team – Tender Panel properly exercising its powers in declining the recommended tenderer whose tendered price was irregular – Public Procurement Advice Division does not have jurisdiction to entertain an appeal from a dissatisfied tenderer without recourse, in the first place, to the Procurement Unit – The decision of the Tender Panel stands.
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13 March 2023 |
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SUMMARY
Contempt of Court – The law on contempt of court re-stated and discussed
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7 March 2023 |
| 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 |
| December 2022 |
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SUMMARY
Application – Authority to institute legal proceedings on behalf of artificial person seriously challenged – Onus on the deponent to the founding papers to provide more than minimum of evidence that the proceedings are duly authorised – A director does not have authority to institute legal proceedings on behalf of artificial person by virtue of position – Authority to institute legal proceedings must be duly conferred – The deponent to the founding papers failing to thwart challenge to his authority – Application dismissed.
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15 December 2022 |
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SUMMARY
CIVIL PRACTICE: Application for stay of execution pending appeal against a provisional sentence in circumstances where the leave of Court of Appeal should have been sought- Application dismissed as appeal was lodged without the leave of the Court of Appeal being sought.
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14 December 2022 |
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SUMMARY
CIVIL PRACTICE: Application for leave to appeal a final order before the High Court- Held, the order being appealed against being final in nature and effect, the applicant should appeal straight to the Court of Appeal- leave of the High Court should only be sought against the judgment of the High Court exercising its civil appellate jurisdiction – Approach to dealing with an exorbitant amount reflected on the Writ of Execution than the amount that is owed by the judgment debtor, articulated.
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14 December 2022 |
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SUMMARY
CIVIL PRACTICE: Application for variation of judgment under common law- Principles applicable considered and applied.
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14 December 2022 |
| November 2022 |
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Summary:
Exception – Defendants raising non - joinder and misjoinder by way of exception under rule 29 (1)(a) of the High Court Rules – Whether the defence is within the ambit of the rule – Exception is permissible where the defect complained of is ex facie pleadings – Exception dismissed
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30 November 2022 |
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SUMMARY
Civil Procedure – Authorisation to institute proceeding for a juristic person – Requirements therein - Urgent application- urgency has to be shown and is not there for the taking -
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23 November 2022 |
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SUMMARY
Application in terms of rule 8(22) - A matter should not be given preferential treatment simply because it has financial consequences – Applicant failing to meet threshold for urgency - Interim interdict - Applicant failed to prove requirements thereof - Interim interdict not granted.
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15 November 2022 |
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8 November 2022 |
| October 2022 |
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SUMMARY
COMPANY LAW: The shareholder requesting the special meeting to resolve among other things to remove directors without naming them and the reason for their removal- Held, the request is defective for not naming the directors and the reasons for their removal, in terms of section 73(1) of the Companies Act 2011- Court being requested to order the special meeting of the shareholders in terms of section 55 of the Companies Act 2011- Held, that power is excisable only in exceptional circumstances, which in the context of the present case do not exist.
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27 October 2022 |
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SUMMARY
COMPANY LAW: Applicant shareholder claiming his share of declared dividends- the company contending that the applicant is not entitled to participate in the dividends because he surrendered his shares when his employment as an executive director was terminated by the board- Held, there is no evidence that the applicant surrendered his shares and therefore, he is entitled to share in the declared dividends.
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27 October 2022 |
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SUMMARY
LAW OF SALE : Actio redhibitoria- The plaintiff sued out summons claiming the return of the purchase price of the motor vehicle which was sold and delivered- the plaintiff bought the vehicle knowing that it had a faulty sunroof- the agreement between the parties stated that the vehicle was sold voetstoots- on further and thorough investigation when the problem could not fixed, it emerged that there was a faulty electrical system-Held, the plaintiff failed to prove that the defendant knew of the fault and concealed it with the intention of defrauding him.
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27 October 2022 |
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SUMMARY
COMPANY LAW: The applicant lodged an application to reverse forfeiture of his share by fellow shareholder without proper notices being issued in terms of the company’s memorandum of incorporation- Held, meetings held without notices being issued are irregular and resolutions passed consequent thereto are null and void and of no force and effect- Dispute of fact – 2nd respondent’s lodging of a separate application wherein a purported dispute of fact is adumbrated, is impermissible.
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27 October 2022 |
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SUMMARY
Procedure – In ex parte application, full disclosure is a sine qua non – Insolvency Proclamation 57 – section 69 (3) thereof does not take away the unlimited jurisdiction of this court – the lawfully appointed liquidator has to be formally removed.
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21 October 2022 |
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SUMMARY
Procedure – matter not finally disposed of not res judicata – following the rule that proceedings have to be interpreted if conducted in a language other than English would be too strictly following the rules of procedure in the Small Claims Court.
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21 October 2022 |
| September 2022 |
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SUMMARY:
Civil Procedure - Application for condonation and removal of the bar - Requirements thereof discussed – Applicant failing to provide a reasonable explanation for her default and bone fide defence – Application dismissed.
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30 September 2022 |
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SUMMARY:
Civil Procedure – Special plea – Plaintiff annexing evidential documents to its summons - Defendants moving court to dismiss action on that basis - Summons compliant with court rules and disclosing a cause action – The special plea dismissed.
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30 September 2022 |
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SUMMARY
Procedure – points of law in limine – lis pendens – procedure for raising it – non-joinder and misjoinder – dispute of fact in motion proceedings – material non-disclosure.
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29 September 2022 |
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SUMMARY
Cost de bonispropriis – need for.
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28 September 2022 |
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SUMMARY:
Application in terms of Rule 30(1) of the High Court Rules of 1980 – Plaintiff claiming that defendant took an improper or irregular step – Withdrawal of application without consent of plaintiff or leave of court – Notice of withdrawal not containing consent to pay costs – Notice of withdrawal filed before the matter was set down for hearing – Consent of the other party or leave of court not required - Plaintiff to pursue costs under rule 43(1)(d) – Application under rule 30 dismissed.
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22 September 2022 |
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Summary
Civil application – Applicants alleging existence of oral agency agreement between the parties – Respondents denying existence of agency agreement but alleging another arrangement – The terms of the arrangement fitting the description of the oral agency agreement and the Respondents conducting themselves in terms of the alleged agency agreement – Consensus inferred from the conduct of the Respondents that there was agency agreement between the parties.
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20 September 2022 |
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SUMMARY
Civil Procedure – Interim Application – Requirements for Temporary Interdict re-stated -Urgency – Rules Applicable therein
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16 September 2022 |
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Summary
Application – Review of Minister’s decision declining renewal of a mining lease under section 36 (5) of the Mines and Minerals Act No.4 of 2005 -Applicant not invoking rule 50 (4) of High Court Rules 1980, but raising further grounds of review in its replying affidavit – Minister’s discretionary powers under section 36 (5) circumscribed – Section 44 negotiations intended for parties to agree terms and conditions of new mining agreement – No need to enter into negotiations if the applicant does not meet the requirements for renewal under section 36 (5) – Application dismissed
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9 September 2022 |
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SUMMARY
Civil Procedure – exception application in terms of Rule 29(2) – exception on the ground of vagueness- what constitutes?
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6 September 2022 |
| 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 |