Judgments

Costs – taxation – self-actor appearing in person – recoverability of counsel’s fees and disbursements – bill must relate exclusively to specific matter – agency and Rule 9(1) compliance – authenticity of receipts – improper uploading of heads after matter struck off

Declaratory relief (s14
High Court Act) — Johnsen threshold of direct and substantial interest; abuse of process — declaratur as cloak for review; finality/Henderson principle; execution and eviction orders; Sheriff affidavit; punitive costs

Civil procedure — cancellation of title deed — collateral attack on transfer effected under default Magistrates’ Court order — presumption of validity of extant court orders — requirement to seek rescission of default judgment before collateral relief — territorial jurisdiction and personal service — Rule 61 (SI 202/2021) obliges service on Master but non-citation not fatal

Trusts and corporate personality – Piercing corporate veil – extraordinary remedy requiring fraud, dishonesty or abuse – control/overlap of trustees insufficient – enforcement of judgment as distinct cause of action – prescription, misjoinder and disputes of fact on motion

Criminal law – sexual intercourse with a child – mandatory minimum ten‑year sentence where offender HIV‑positive – special circumstances test – sentencing – referral/transfer to High Court under s 225(b)

Eviction; rei vindicatio; locus standi and alleged fugitive of justice; mining rights v surface rights; burden of proof — certificate of registration; default of opposing party; punitive costs on legal practitioner and client scale

Criminal law – Murder – aggravating circumstances (group attack, defiance of court order, use of weapon) – Sentencing Guidelines S.I. 146 of 2023 – statutory minimum 20 years for aggravated murder – co‑perpetrator liability (s196A) does not dilute individual punishment

Interpleader – Rule 63 – leave to file supplementary evidence; Execution – upliftment of attachment – "special circumstances"; Deeds Registries Act s11 – sequence of transfers; Title deed prima facie only; Improvements and unjust enrichment; Court’s control over execution process

Civil procedure — Plea in bar/abatement (res judicata) — Requirement that prior judgment decide same cause on merits; rei vindicatio vs estate administration; clean hands doctrine and Rule 69(1) enforcement

Contempt of court – enforcement of interdict – elements: existence of order, service/knowledge, wilful non‑compliance – admissibility of third‑party photographic/video evidence – "dirty hands" doctrine rejected as threshold bar – disputes of fact on affidavit: robust common‑sense approach – suspended fine and suspended committal – enforcement via writ and police/sheriff investigation

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Road Traffic Act s64(3) — prohibition from driving distinct from licence cancellation — mandatory consideration of prohibition on convictions arising from driving offences — necessity to record special circumstances if prohibition declined — failure to consider prohibition constitutes a sentencing misdirection/irregularity

Urgent chamber application — leave to execute pending appeal — urgency must be determined first; applicant must act promptly; self-created delay defeats urgency; withdrawal/refiling of appeal not per se abuse of process; absence of current evidence of irreparable harm (degrading stockpile) fatal to urgency

Criminal law – appeal against conviction for child rape – voluntariness and delay in complaint – corroboration by independent witness and medical report – identity evidence – standard of appellate review of factual findings (grossly unreasonable/clearly wrong)

Customs law – s201 lien – priority of State claims – determination of importer/owner for customs purposes – declaratory relief vs review

Administrative law — Land allocation — Appeal to Minister suspends operation of Commission decision (s 61(1)(b)) — Minister's duty under ss 18–19 Land Commission Act — Procedural fairness Administrative Justice Act s 3 — Internal administrative steps not a determination

Criminal procedure — Discharge at close of State case — Section 198(3) mandatory acquittal where no evidence to convict; self-defence — evidence evaluation limited to State case; accused need not testify; applicability of sections 253 and 254 (defence of person and partial defence to murder)

Magistrates' Court Act s 34(1) – rent attachment as hypothec – attachment intended to preserve tenant's movable property at premises – 'seize and arrest' does not authorise removal or execution – possession remains with tenant pending determination – interlocutory interdict and restoration of property

Family law – Divorce – Distribution of matrimonial assets under s 7 Matrimonial Causes Act – Effect of pre-trial agreements – Binding nature of concessions in evidence – Allocation of encumbered foreign property – Commencement date for entitlement to rental income

Criminal appeal – Procedural compliance – High Court Rules (Rule 100 and Rule 102) – Payment for preparation of record of proceedings – Certificate of compliance – Onus on appellant – Appeal struck off for non-compliance

Family law — r 67 High Court Rules 2021 — contribution to legal costs in matrimonial proceedings — applicant’s burden to prove insufficient means and respondent’s ability to contribute — need for supporting financial evidence (bank statements, income proofs) — applicant failed to discharge onus

Contract law – apparent authority and external manifestations – whether intermediaries held themselves out as principals – unjust enrichment – acknowledgment of debt not necessarily a novation – punitive costs for mala fides conduct

Spoliation (Mandament van Spolie) – urgency and restoration of possession; Procedural rules – substance over form; Motion proceedings — material disputes of fact — Wightman/Supa Plant test; Admissibility — hearsay and need for corroborative affidavits; Striking matter off the roll where oral evidence required

Administrative law – authentication and execution of council documents – Urban Councils Act ss 136 and 317 – validity of board resolutions authorising litigation – necessity of specific, authenticated delegation – locus to represent corporate/public bodies

Administration of estates – s 120 authority to sell otherwise than by auction – Master’s discretion to file report not affidavit – requirement of "good reason" under s 120(3) – uncorroborated claims of renovation or family allocation insufficient to defeat sale – sale may be authorised before liquidation and distribution account

Civil procedure — Amendment of pleadings (Rule 41(10) High Court Rules 2021) — Divorce and ancillary relief — Property division under s 7 Matrimonial Causes Act — Prejudice and costs — Mala fides

Criminal law – Culpable homicide versus murder; negligence versus intent; sentencing — departure from presumptive sentence; femicide and gender-based violence as aggravating factors; mitigation — first offender, plea and family circumstances

Criminal law — identification evidence at night — opportunity to observe; alibi — State's duty to disprove; corroborative value of shoe prints; sentencing — discretion, consecutive terms for serious distinct offences

Regional and Town and Country Planning Act s39(1)(b)(i) — sale of subdivided land before permit — agreement void ab initio; illegality; occupation/improvements/oral addendum cannot validate illegal contract; absolution from the instance for failure to establish prima facie case