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Citation
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Judgment date
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| June 2011 |
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Conviction for theft of 19 cattle upheld; maximum sentence reduced to 15 years for misdirection.
Criminal law – theft of stock (s114(2)(a)(i)) – credibility of witnesses and corroboration – driver alleged to be mere agent – sentencing: misdirection in imposing statutory maximum for cross‑border cattle theft.
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22 June 2011 |
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Conviction quashed where trial court failed to probe complainant's letter suggesting familiarity, rendering verdict unsafe.
Criminal law — Sexual offences — Credibility and safety of conviction; failure to investigate material evidence (complainant's letter); cautionary approach still required in sexual offence cases.
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22 June 2011 |
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Interim interdict refused where applicant failed to prove compromise and sought relief after lawful eviction.
Civil procedure – interim interdict – compromise (transactio) – onus of proof of compromise – execution of judgment – stay of execution – reinstatement after eviction – interim interdict not remedy for past invasion of rights.
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22 June 2011 |
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Court ordered restoration of possession after police unlawfully occupied applicant's offices and denied legal representatives' presence.
Police powers – Search warrant – Forced entry and continuous occupation of private premises – Right to legal representation during searches – Unlawful deprivation of possession – Restoration of possession and withdrawal of police.
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22 June 2011 |
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Owner entitled to interim eviction where condemned building required urgent repairs and tenants failed to prove payment or rights.
Property law – eviction – validity of notice to vacate – urgency where building condemned – payment of rent as essential to lease – right of first refusal requires express proof – interim eviction for urgent repairs.
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15 June 2011 |
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Intangible contributions in a customary marriage can justify a spouse’s share in matrimonial property; appeal dismissed.
Family law — Customary marriage — Division of matrimonial property — Intangible/non-financial contributions — Unjust enrichment — Court may award spouse a share despite lack of direct financial contribution.
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15 June 2011 |
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Premature ejectment application dismissed: no cause of action existed before the notice period expired.
Ejectment — accrual of cause of action — premature launch of ejectment proceedings before expiry of notice; court cannot be asked to 'confirm' landlord's notice; defective notice and misnomer as preliminary objections.
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15 June 2011 |
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Appeal succeeds on unsafe identification and insufficient evidence of attempt; only unlawful entry conviction confirmed and sentenced to three years.
Criminal law – identification evidence in night-time offences – reliability factors (lighting, opportunity, prior knowledge, identification parade) – alibi and reasonable possibility of innocence – proof of attempt and intention – sentence variation where convictions reduced.
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8 June 2011 |
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A fine and six‑month sentence for reckless driving causing death was excessively lenient; the certificate of confirmation was withheld.
Criminal law – Culpable homicide – Sentence review – Reckless driving causing death – Attempted suicide while endangering others – Sentence manifestly inadequate; certificate withheld.
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8 June 2011 |
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Community court may determine marital status, but property division exceeding $100 goes to the High Court; maintenance to maintenance court.
Customary Law & Local Courts Act s16(1)(d) — community court may determine marital status under proviso; s16(1)(b)(ii) — community court monetary jurisdiction limited to $100; property division exceeding limit is High Court jurisdiction; maintenance claims must be brought in maintenance court.
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1 June 2011 |
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The applicant failed to show urgency or irreparable harm; application for interim interdict against execution dismissed.
Urgent application — interim interdict — requirement to show irreparable harm — delay defeats urgency — stay of execution as alternative remedy.
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1 June 2011 |
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Appellant declared sole surviving spouse where respondent's alleged remarriage to the deceased was unproven.
Customary law marriage — dissolution and remarriage — proof required for reconciliation and formalisation of customary unions — witness credibility — status of surviving spouse — declaration of sole surviving spouse.
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1 June 2011 |
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Appellate court dismissed challenge to eight-month sentence for impersonating a public official as within proper judicial discretion.
Criminal law – Impersonation of public official (s179(1)) – Sentencing – Discretion of trial court – Custodial sentence within statutory limit – Aggravating factors: repeated conduct, invocation of senior officials, potential disrepute – Appellate interference only where misdirection or excessiveness shown.
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1 June 2011 |
| May 2011 |
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Accused acquitted of murder as actions constituted lawful private defence against an imminent knife attack.
Criminal law — Murder — Private defence (self-defence) — Requirements: unlawful attack, imminence, necessity and reasonableness — Use of assailant’s weapon during struggle — Acquittal where fatal injury possibly accidental or justified.
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25 May 2011 |
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Sentencing a juvenile without a probation report was unreasonable; sentence quashed and matter remitted for juvenile-appropriate disposal.
Criminal law – Sentencing – Juvenile offender – Necessity of pre-sentencing probation officer’s report – Referral to Juvenile Court under s351(2)(a) – Review and quashing of irrational or emotional sentence.
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25 May 2011 |
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Culpable homicide, not murder, where fatal assault occurred during planned armed robbery; 25-year sentences imposed.
Criminal law – Armed robbery resulting in death – distinction between murder and culpable homicide where intent to kill not proved – admissibility and corroboration of accomplice and extra-curial statements – forensic ballistics linking accused to scene – sentence and forfeiture.
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19 May 2011 |
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Plaintiff granted ownership of house occupied either by purchase from the estate or under s68 protections for surviving wives.
Succession – Administration of Estates Act s68 – rights of surviving wives in polygamous unions to houses occupied at deceased’s death; proof of purchase from estate; effect of Supreme Court remittal to Assistant Master.
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18 May 2011 |
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Appellant acquitted where an unlit, unroadworthy army trailer created a sudden emergency absolving negligence.
Road traffic — Reckless/negligent driving — Burden to prove guilt beyond reasonable doubt — Inadequate police investigation and omission to call third-party driver — Unroadworthy/unlit vehicle concealing reflectors — Sudden emergency doctrine exculpatory.
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18 May 2011 |
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Applicants improperly sought declaratory relief to challenge recurrent expenses and eviction certificates instead of statutory appeal or review.
Rent law — Recurrent expenses — Whether Rent Board may make a standalone recurrent-expenses order; Eviction certificates — Proper remedies: appeal to Administrative Court (s35) or review in High Court (s26); Procedural law — Late supplementary affidavit (Order 32 r235) expunged; Abuse of process/forum-shopping; Costs — attorney-and-client.
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11 May 2011 |
| April 2011 |
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Non‑party's urgent stay of execution refused for lack of urgency and absence of imminent harm; application dismissed with costs.
Civil procedure — Urgent chamber application — Interim relief sought by non‑party to stay execution of prior judgment — Requirement to prove urgency and imminent/irreparable harm — Joinder and rescission applications pending not sufficient to justify interlocutory relief.
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27 April 2011 |
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Widowhood does not constitute "special circumstances" to avoid the Mines and Minerals Act's mandatory two-year sentence.
Criminal law – Mines and Minerals Act s368(4) – Mandatory minimum sentence of two years for prospecting without a licence – "Special circumstances" – Whether widowhood with minor children qualifies – Sentencing review and credit for community service.
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20 April 2011 |
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The applicant improperly transferred the jointly-built matrimonial home to a trust; it must be divided 50/50; businesses remain separate.
Family law – division of matrimonial estate – matrimonial home transferred to family trust – whether asset forms part of matrimonial estate – separate business enterprises – entitlement to maintenance.
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6 April 2011 |
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Interim interdict granted to stop unauthorised, non‑scientific exhumations pending a nationally agreed forensic process.
Exhumation — interim interdict to restrain unauthorised, non‑scientific exhumations; preservation of evidence and potential crime scenes; ministerial duty to prevent unauthorised exhumations; urgency and uncontested application.
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6 April 2011 |
| March 2011 |
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Leave to appeal bail refused for two respondents but granted for the third due to a related POSA matter.
Bail — leave to appeal — test is reasonable prospect of success — Supreme Court may only interfere for misdirection or unreasonable exercise of discretion — State's evidential burden to show risk of further offences — distinction where accused faces related pending POSA matter.
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30 March 2011 |
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Option-to-purchase contract enforceable; respondent cannot avoid transfer due to alleged misunderstanding or inflation.
Property law — Contract — Option to purchase enforceable — Specific performance/transfer ordered — Alleged misunderstanding and inflation do not justify rescission — Rule 449 amendment to interim order.
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30 March 2011 |
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Seriousness of an offence alone does not justify denying bail; risk of reoffending must be evidenced.
Criminal law — Bail — Subverting constitutional government — Seriousness of offence not per se ground to refuse bail — Risk of reoffending must be supported by evidence — Conditional bail appropriate.
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30 March 2011 |
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Failure to explain or elicit "special circumstances" rendered the mandatory sentence procedurally defective; conviction confirmed, sentence set aside.
Road traffic offence; mandatory minimum sentence — duty to explain and elicit "special circumstances" from accused; improper sentencing phrasing ("with labour"); failure to follow procedure vitiates sentence.
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30 March 2011 |
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A special plea filed within time is not invalidated by later service; merits must be determined on the opposed roll.
Civil procedure – notice to bar – filing versus service of pleadings – special plea filed within time not invalidated by later service – merits of special plea to be determined on opposed roll.
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30 March 2011 |
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A purported bar filed after respondents filed an exception and on an incomplete Form 9 is invalid; application dismissed with costs.
Civil procedure — notice of intention to bar — dies inducae — exception filed before expiry — validity of bar — defective/incomplete Form 9 — bar invalid; matter ready for argument.
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30 March 2011 |
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Intoxication and provocation negated murder mens rea; accused convicted of culpable homicide for negligent killing.
Criminal law — murder versus culpable homicide; intoxication and provocation affecting mens rea; credibility of eyewitness evidence; use of a weapon (homemade stool) and negligence.
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28 March 2011 |
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Applicants charged with treason granted bail subject to stringent conditions balancing liberty and the public interest.
Bail pending trial – Treason – seriousness of offence weighed against weaknesses in State’s case – fliers and meeting minutes assessed – likelihood to abscond or interfere must be substantiated – stringent bail conditions (cash deposit, residence, reporting, surrender passports, movement and political activity restrictions).
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23 March 2011 |
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Valid lease found; defendant breached by non-payment; court ordered cancellation, eviction, arrears, damages and costs.
Contract law – Lease validity – Consensus on rent confirmed by payment; Duress/undue influence rejected; Statutory tenant obligations under SI 676/1983 – must pay rent; Remedies – cancellation, eviction, arrears, hold-over damages, costs.
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16 March 2011 |
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Bail pending appeal refused as applicant's prospects of success were nil given firearm use against civilians.
Criminal procedure — Bail pending appeal — Applicants convicted of attempted murder and firearms offence — Use of firearms in public against civilians — Prospects of success on appeal — Acting under superior’s orders not sufficient — Bail refused.
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16 March 2011 |
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Conviction for unlawful detention of juveniles upheld; sentence reduced after sentencing misdirection and mitigation considered.
Criminal law – Kidnapping/unlawful detention (s93(1)(b)(ii)) – detention of child despite voluntary acquiescence – parental custodial control; Sentencing – failure to find aggravating/mitigating circumstances constitutes misdirection; Child trafficking – deterrent sentencing.
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16 March 2011 |
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Two successive counts of armed robbery treated as one transaction; late plea change and illness provided limited mitigation.
Criminal law — Armed robbery and motor-vehicle theft — Late alteration of plea — Common purpose and single continuous transaction — Restitution opportunity — Sentencing and mitigation (ill-health, first offender, pre-trial custody).
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16 March 2011 |
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Custodial sentence appropriate for corruption involving misallocation of public funds where moral blameworthiness and deterrence require it.
Criminal law – Corruption – Misallocation of public funds by a public officer – Breach of trust – Sentence appeal – Custodial versus non-custodial sentence – Consideration of fines and community service – Judicial discretion – General deterrence.
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16 March 2011 |
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Company registration cannot defeat a spouse's entitlement to an equal share in the jointly acquired matrimonial home.
Family law – Divorce – Matrimonial property – House registered in company name – Lifting the corporate veil where company is alter ego – Spousal contributions (financial and non‑financial) – Equal division of matrimonial home – Custody and maintenance.
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9 March 2011 |
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Rescission refused where gross negligence by applicant and lawyers and no bona fide defence to assault and damages claim.
Civil procedure – Rescission of default judgment – Condonation – Negligence of legal practitioners and applicant – No bona fide defence – Assault causing permanent disablement – Quantum unsupported.
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9 March 2011 |
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Appeal court reduced an excessive custodial sentence, finding aggravated unlawful entry justified imprisonment despite appellant’s youth and employment.
Criminal law — Appeal against sentence — Appellate interference only where sentence manifestly excessive, irregular or vitiated by misdirection — Unlawful entry in aggravated circumstances (s 131(2)) linked to theft — Youth and employment mitigating but greed and adult enterprise justify custody — Sentence varied downward to two years (one year suspended).
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9 March 2011 |
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Applicant entitled to permanent interdict preventing respondent's forcible occupation of diamond plant; 100m exclusion ordered.
Property and civil procedure – interlocutory and perpetual interdict – requirements for interdict (prima facie right; infringement; irreparable harm; no alternative remedy; balance of convenience) – prohibition of self-help – reasonableness of 100 metre exclusion zone.
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2 March 2011 |
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Applicant failed to prove a tacit universal partnership; claim dismissed for lack of contribution and illegality.
Customary marriage; tacit universal partnership — requisites (contribution, joint benefit, profit, legitimacy); unjust enrichment; proof and credibility; illegality/public policy bar to claims arising from adulterous/paramour relationships.
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2 March 2011 |
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Post-expiry renewal and unauthorised extension were invalid; no legitimate expectation—application dismissed with costs.
Administrative law — Administrative Justice Act s3/s4 — licence/permit renewal must be applied for before expiry — unauthorised extension void — legitimate expectation requires valid promise or practice — post-expiry application invalid.
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2 March 2011 |
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Rent board’s determination effective from application date; respondents’ unsubstantiated denial failed to disclose a bona fide defence, summary judgment and eviction granted.
Commercial premises rent – Rent board determination and effective date – Regulations 13(1) and 14 – Validity of secretary’s notification – Summary judgment standard – Failure to disclose bona fide defence – Abuse of process – Eviction, arrears, holding-over damages, punitive costs.
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2 March 2011 |
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Summary judgment granted enforcing contractual forfeiture; respondent barred from claiming damages under Contractual Penalties Act s5.
Contract law – agreement of sale – forfeiture/penalty clause – retention of 15% on cancellation; Contractual Penalties Act s5 – prohibition on claiming both penalty and damages; Summary judgment – absence of bona fide triable issues; Agency – agent suing in own name not fatal; Enhanced costs – attorney and client scale.
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2 March 2011 |
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A donkey is not an "equine" for the mandatory minimum theft sentence; nine-year term set aside and reduced.
Criminal law – statutory interpretation – meaning of "equine" – whether donkey/ass falls within "equine animal" for mandatory minimum sentencing for theft – mandatory sentence inapplicable where statute does not include asses – sentencing discretion.
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2 March 2011 |
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Conviction for culpable homicide upheld where pursuit into a dam and throwing stones made the child’s drowning foreseeable; sentence affirmed.
Criminal law – Culpable homicide – Causation and foreseeability where accused pursued a ten‑year‑old into a dam and threw stones – Credibility findings of state witness preferred – Sentence: six years’ imprisonment (two suspended) appropriate.
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2 March 2011 |
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The applicant’s appeal against conviction and sentence for multiple rapes was dismissed; child identification and the sentencing discretion were upheld.
Criminal law — identification evidence — child witness — corroboration of identification — appellate review of credibility; Sentencing — discretionary assessment — no interference absent misdirection; multiple counts vs single transaction argument.
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2 March 2011 |
| February 2011 |
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Summary judgment and eviction granted where respondent’s alleged purchase was unproved and any claim likely prescribed.
Civil procedure – Summary judgment – Locus standi of spouse not registered owner – Requirement to disclose bona fide defence – Insufficient proof of sale – Prescription as bar to stale transfer claims – Eviction and costs granted.
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23 February 2011 |
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Urgent application for release of an impounded vehicle dismissed for lack of demonstrated urgency.
Urgency — certificate of urgency — irreparable harm — immigrant (returning resident) rebate — Customs and Excise regulations — proof of completion of studies — interim relief — storage charges.
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23 February 2011 |
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Summary judgment granted for unpaid statutory contributions; late objections and inability-to-pay claims held not bona fide defences.
Statutory contributions – summary judgment – bona fide defence – prior admission of liability – inadequacy of "inability to pay" or "unfairness" as legal defence – costs on attorney and client scale.
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23 February 2011 |