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Citation
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Judgment date
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| 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 |
| December 2021 |
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SUMMARY
CIVIL PRACTICE: Application for summary judgment- whether it is permissible for the applicant to lodge same after the respondent had filed the plea- Held, it is permissible to do so, - Respondent failing to show that she has a bona fide defence, summary judgment granted with costs.
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15 December 2021 |
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Summary
Rescission of summary judgment- Rule 45(1)(a) -Judgment granted in the absence of the applicant in circumstances where the applicant had not filed affidavit to resist summary judgment application - Order not erroneously sought or granted.
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10 December 2021 |
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Summary
Company law – a company is a separate legal person from its shareholders – property vested in a company cannot be regarded as vested in shareholders – shareholders do not have a right to company’s bank accounts and buildings – such right is deferred until winding up and is subject to claim by other creditors – interim interdict to freeze the accounts of a company at the instance of shareholders refused.
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8 December 2021 |
| November 2021 |
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SUMMARY:
Interdict pendente lite – financial considerations alone not enough to justify urgency – Applicant still required to state why it could not be afforded a substantial relief in a hearing in due course – requirements for temporary interdict need to be demonstrated and assessed in conjunction with one another
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26 November 2021 |
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SUMMARY:
Contract – Payment for work done and building material – Plaintiff’s claim prescribed – Plaintiff in replication alleging that prescription interrupted by demands - Onus on the Plaintiff to prove allegations in replication – The date the cause of action prescribed is pleaded and not issuably denied – judicial admission of fact is conclusive and does not require evidence.
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17 November 2021 |
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SUMMARY:
Judgments and orders – Rescission – Court granting default judgment in disregard for appearance to defend and exception which were entered out of time – High Court Rule 45(1) – Whether an order erroneously granted.
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9 November 2021 |
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9 November 2021 |
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SUMMARY:
Costs – Attorney and client costs – Agreement by party to pay attorney and client costs – Plaintiff entitled to make such a claim – Onus on defendant to raise grounds and circumstances in support of an objection to making an order in terms of the agreement - Principles discussed.
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8 November 2021 |
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8 November 2021 |
| October 2021 |
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26 October 2021 |
| August 2021 |
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26 August 2021 |
| March 2021 |
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26 March 2021 |
| February 2021 |
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25 February 2021 |
| October 2020 |
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15 October 2020 |
| August 2020 |
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17 August 2020 |
| October 2019 |
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31 October 2019 |
| April 2019 |
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12 April 2019 |
| March 2019 |
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14 March 2019 |
| February 2019 |
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14 February 2019 |
| September 2017 |
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28 September 2017 |
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28 September 2017 |
| August 2017 |
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31 August 2017 |
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31 August 2017 |
| November 2016 |
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29 November 2016 |
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10 November 2016 |
| September 2016 |
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8 September 2016 |
| August 2016 |
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25 August 2016 |
| June 2016 |
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28 June 2016 |
| April 2016 |
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28 April 2016 |
| December 2015 |
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10 December 2015 |
| September 2015 |
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17 September 2015 |
| August 2015 |
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20 August 2015 |
| July 2015 |
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29 July 2015 |
| June 2015 |
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23 June 2015 |
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22 June 2015 |
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10 June 2015 |
| April 2015 |
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16 April 2015 |
| August 2014 |
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15 August 2014 |
| March 2014 |
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19 March 2014 |
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13 March 2014 |
| March 2010 |
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30 March 2010 |
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9 March 2010 |