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Citation
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Judgment date
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| June 2021 |
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Caveat application struck off because the founding affidavit relied on inadmissible hearsay without personal knowledge.
Caveat application; founding affidavit; hearsay inadmissible; personal knowledge requirement; Civil Evidence Act s27; Order 32 r227(4)(a); Form 29; no founding affidavit — application fails; unsigned affidavit not recognized.
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3 June 2021 |
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Urgent eviction application removed from the urgent roll for lack of urgency due to inordinate delay.
Urgency — defective certificate of urgency — Order 32 r 244 — delay in instituting proceedings — spoliation/eviction — applicant-created urgency — Covid-19 not a blanket excuse; Locus standi (abandoned).
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3 June 2021 |
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Sheriff must confirm sale where participating writ remains extant; confirmed judicial sale will not be lightly set aside.
Execution law – Sales in execution – Participating writs – Order 40 Rule 327(2) peremptory – Sheriff’s duty to proceed where participating writ not withdrawn – Confirmed judicial sale not readily set aside.
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3 June 2021 |
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Applicant’s declarator challenging allowance deductions was barred by res judicata; application dismissed with costs.
Res judicata – re-litigation barred where same parties and issues previously decided by a competent labour tribunal; declaratory relief – improper where prior exclusive jurisdiction under Labour Act (ss 93, 63(b)); labour allowance deductions – tribunal’s finding on payroll processing and taxation upheld.
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3 June 2021 |
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Application for condonation for late appeal noting dismissed for inordinate delay, unreasonable explanation, and no prospects of success.
Criminal procedure — Condonation for late noting of appeal — test: length of delay, reasonableness of explanation, prospects of success — assessment of trial court’s evaluation of evidence and appropriateness of sentence.
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3 June 2021 |
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A court may not impose two separate prison terms for the same offence; an additional suspended term was set aside.
Sentencing – mandatory minimum sentence – impermissibility of imposing a separate additional custodial (suspended) sentence for the same single count – irregular sentence set aside.
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3 June 2021 |