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Citation
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Judgment date
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| January 2012 |
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A police member tried before a single officer under s29(1)(d) cannot elect trial by magistrates’ court under s32 of the Police Act.
Police Act – section 32 election to trial by magistrates’ court applies only where member is proposed to be tried before a board of officers (s29(1)(c)); does not apply to single-officer disciplinary trials under s29(1)(d) which are minor infractions and subject to automatic review by the Commissioner General.
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25 January 2012 |
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Whether respondent validly cancelled the sale; court ordered transfer to applicant and authorized the Deputy Sheriff if necessary.
Contract law – Cancellation of contract – Notice of cancellation must be communicated to the other party – Contractual Penalties Act (instalment sale) inapplicable where only deposit and single balance payment required – Specific performance/transfer ordered – Unsubstantiated duress allegations insufficient to vitiate contract.
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25 January 2012 |
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Application for urgent stay of sale in execution dismissed for lack of requisite urgency and unexplained delay.
Urgent chamber application — interim interdict to stay sale in execution — delay and lack of urgency — requirement to show irreparable harm and that applicant treated matter urgently — reliance on prior legal practitioners insufficient to excuse inaction.
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25 January 2012 |
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Plaintiff failed to prove an alleged oral promise to reconvert invested Zimbabwe-dollar funds into Pounds; claim dismissed with costs.
Banking law – alleged oral undertaking by bank employees – proof of contract on balance of probabilities – documentary account records as primary evidence – Reserve Bank guidelines restricting conversion of ZWL to foreign currency – failure to prove loss or quantum.
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25 January 2012 |
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Form 30A with annexed declaration displaces Rule 272 notice; personal set‑down service still required; divorce granted.
Family law — Divorce — Order 35 Rule 272(1) — Rule 269A — Form 30A with annexed declaration excludes Rule 272 — Personal service of set-down notice remains required (salutary practice).
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25 January 2012 |
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The applicant's spoliation claim failed because police lawfully seized materials under statutory search-and-seizure powers.
Spoliation (mandament van spolie) — seizure of political fliers — Public Order and Security Act s25 (notification for public gatherings) — offence for failure to notify — Criminal Procedure and Evidence Act ss49, 51, 52 — lawful police search and seizure — spoliation remedy excluded where deprivation effected under statutory authority.
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25 January 2012 |
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Court struck matter off the roll to allow a self-represented applicant adequate preparation time; costs in the cause.
Civil procedure — Application to strike matter off opposed roll/postponement — Alleged lack of service of notice of set down and insufficient time to prepare — Self-represented applicant — Court’s discretion to strike off for fairness and finality — Costs in the cause.
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25 January 2012 |
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Applicant entitled to summary judgment for eviction, specified rent arrears and daily damages where respondent's defences were contradictory and not bona fide.
Summary judgment — lease — bona fide defence — inconsistent pleadings and opposing affidavit — arrears of rent — eviction — damages for occupation.
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25 January 2012 |
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Default judgment rescinded because respondent failed to disclose a material prior consent order on rent determination.
Civil procedure — Rescission of default judgment — Justus error and non-disclosure of material prior consent order requiring neutral rent determination (CB Richard Ellis) — Judgment granted in error set aside — Costs to respondent.
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18 January 2012 |
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The President’s discretion to appoint a chief after considering customary succession and administrative needs is not reviewable on the applicant’s grounds.
Traditional leaders – Appointment of chiefs – Section 3 Traditional Leaders Act – President must give due consideration to customary succession and administrative needs but is not bound by customary rules – Presidential discretion in appointments not subject to review on these grounds.
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18 January 2012 |
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Whether rent cards and occupation can constitute sale — court held they evidenced tenancy, not purchase; plaintiff declared owner.
Property law — registered ownership vs alleged rent-to-buy; requirement of offer and acceptance (animus contrahendi); rent cards indicate tenancy, not sale; evidentiary burden to prove contract of sale; relief: eviction, declaratory ownership, nominal rental damages.
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18 January 2012 |
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Default judgment rescinded where legal representatives’ negligence caused the default and injustice would result without a hearing.
Civil procedure – rescission of default judgment – condonation for failure to attend pre-trial – negligence of legal practitioners – right to be heard – prevention of injustice.
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18 January 2012 |
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Applicant failed to establish sufficient cause to rescind default judgment; negligence of his counsel and weak merits justified dismissal.
Civil procedure — rescission of default judgment — Rule 63 — failure to file appearance timeously — inaction of applicant's legal practitioners — absence of affidavit from former counsel — weak merits and lack of bona fides — finality in litigation.
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18 January 2012 |
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Applicant reinstated to former executive post; excessive monetary claims dismissed and contempt not established.
Employment law – reinstatement – interpretation and enforcement of reinstatement orders – compliance with orders to render statements of account – contempt – suitability of motion proceedings for disputed monetary claims.
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11 January 2012 |
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Contract requiring unauthorized foreign payment was illegal; claim (including unjust enrichment) dismissed on exchange control grounds.
Exchange control – illegality – contract requiring payment to foreign resident – contravention of Exchange Control Regulations (s 10, s 11) – special plea in bar permissible in limine – unjust enrichment cannot remedy illegal contract – estoppel cannot validate illegal agreement.
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4 January 2012 |