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Citation
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Judgment date
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| October 2021 |
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Bail refused where eyewitness and CCTV evidence plus the accused's evasion and non‑disclosure created real flight risk.
Criminal procedure — Bail pending trial — Murder charge — Strength of prosecution case (eyewitnesses, CCTV) — Failure to surrender/withhold information — Flight risk — s117(2)(a) CPEA.
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21 October 2021 |
| September 2021 |
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Applicant charged with murder denied bail due to flight risk, strong prima facie case and seriousness of the offence.
Bail pending trial — Murder (Part I, Third Schedule) — Burden on accused to show interests of justice — Flight risk evidenced by evasion and fleeing arrest — Seriousness of offence and strong prima facie case — Conditions inadequate to allay abscondment risk.
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3 September 2021 |
| August 2021 |
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Spoliation relief granted: company proved peaceful possession and unlawful dispossession; urgent procedure and form objections dismissed.
Property law – Spoliation – Urgent chamber application – Form and certificate of urgency – Juristic person can despoil – Ownership irrelevant to spoliation – Restoration of status quo ante.
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31 August 2021 |
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30 August 2021 |
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Court refused to dismiss review for want of prosecution where sale without Master’s consent and potential executor conflict showed strong prospects of success.
Civil procedure — dismissal for want of prosecution (Order 32 r 236(3)(b)) — factors: length/explanation of delay, prospects of success, balance of convenience, prejudice — Administration of Estates Act s120 — sale of estate property without Master’s authority — possible conflict of interest by executor — omissions in liquidation and distribution account.
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11 August 2021 |
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Owner entitled to evict statutory tenant upon proving genuine need to occupy; no compensation for unauthorized improvements.
Commercial leases – lease renewed by operation of clause – statutory tenant upon expiry – eviction requires "good and sufficient grounds" – owner’s genuine intention to occupy to run family business – evidence of genuineness suffices on balance of probabilities – tenant-made improvements and goodwill: lease clauses excluding owner liability and providing alterations remain owner’s property preclude compensation.
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3 August 2021 |
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An urgent interdict was struck from the roll because the applicant's claimed urgency was self-created and unreasonable.
Civil procedure — Urgent application — urgency must be genuine, not self-created; prior litigation and delay undermine urgency; preliminary points in limine must be dispositive points of law.
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2 August 2021 |
| July 2021 |
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Noncompliance with mandatory bail statement requirements is fatal; the defective bail application was struck off until rule 5(1) is complied with.
Bail — High Court (Bail) Rules 1991 — rule 5(1) mandatory particulars — substantial departure fatal — rule 4(a)/(b) condonation/directions — prosecution concession not substitute — balancing right to liberty and interests of justice.
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29 July 2021 |
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Where a Part 1 Third Schedule violent robbery charge shows a real risk of abscondment, bail may be refused despite completed investigations.
Criminal procedure – Bail pending trial – s115C burden where offence is in Part 1 of Third Schedule – risk of abscondment, strength of state case, public confidence – interference with witnesses where investigations complete.
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28 July 2021 |
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Condonation for late noting of appeal dismissed for unexplained two-year delay and no prospects of success.
Criminal procedure – Condonation for late noting of appeal – Requirements: length of delay, explanation, prospects of success – Identification evidence – Escape from lawful custody – Abuse of court process.
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1 July 2021 |
| 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 |
| May 2021 |
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Whether accused’s conduct caused the death; court finds causation unproven and convicts of assault with suspended sentence.
Criminal law – Murder – Causation under section 11 – factual and legal causation; insufficiency of evidence to prove death caused by accused’s conduct – competent verdict of assault under section 89(1) and section 274 – sentencing: suspended term.
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28 May 2021 |
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Court ordered further psychiatric examination (including EEG) under the Mental Health Act where accused's fitness for trial was in doubt.
Criminal procedure — Mental fitness to stand trial — Referral for psychiatric examination under Mental Health Act s 28 — Expert evidence required before trial or finding of non-responsibility — EEG ordered.
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26 May 2021 |
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Accused found not guilty by reason of insanity under s29 and remanded for transfer to a psychiatric treatment facility.
Criminal law – Murder – Mental disorder/insanity – Schizophrenia – Appreciation of wrongfulness – Not guilty by reason of insanity (s29 Mental Health Act) – Detention for treatment in a special institution.
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26 May 2021 |
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Accused found not guilty by reason of insanity due to transient psychosis; ordered to psychiatric detention and immediate review.
Criminal law – Murder – Plea of insanity – Transient psychosis/neurocognitive disorder – Special verdict (not guilty by reason of insanity) under s29 Mental Health Act – Detention, psychiatric review and transfer to special institution – Release decisions to be informed by expert medical evidence.
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26 May 2021 |
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Circumstantial evidence found sufficient to prove murder with actual intent; accused sentenced to 25 years imprisonment.
Criminal law – Murder – Circumstantial evidence – Application of R v Blom test – Proof of actual intent under s 47(1)(a) – Credibility findings – Sentencing and Zinn triad; violence against women as aggravating factor.
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21 May 2021 |
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Private defence rejected; accused convicted of murder for fatally stabbing a fleeing, subdued victim and sentenced to 15 years.
Criminal law – Murder (s47(1)(b)) – private defence – requirements and objective test – credibility of witnesses – use of lethal weapon against fleeing/subdued person – sentence.
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20 May 2021 |
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State accepts plea to culpable homicide; court convicts for negligent killing and imposes custodial sentence.
Criminal law – Culpable homicide v murder – absence of dolus (dolus directus/dolus eventualis) and negligence; post-mortem evidence; sentencing—aggravating factors, custodial sentence.
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19 May 2021 |
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Limited plea of culpable homicide accepted; accused a parent whose negligent, brutal assault caused child's death; custodial sentence imposed.
Criminal law — Culpable homicide v. murder — acceptance of a limited plea; parental assault causing child's death; sentencing — aggravating and mitigating factors; custodial sentence appropriate.
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17 May 2021 |
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Accused acquitted by reason of insanity where psychiatric evidence showed schizophrenia and substance-induced psychosis at time of killings.
Criminal law – Murder – Insanity – Mental Health Act s29(2) – Special verdict: not guilty by reason of insanity – Psychiatric evidence (schizophrenia; substance-induced psychosis) – Post-mortem proof of causation.
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17 May 2021 |
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Accused acquitted by reason of insanity; ordered detained and transferred for psychiatric treatment under the Mental Health Act.
Criminal law — Insanity and criminal responsibility — Psychiatric and EEG evidence — Special verdict of not guilty by reason of insanity under section 29(2) Mental Health Act — Detention and transfer for treatment.
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17 May 2021 |
| March 2021 |
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Former employees cannot retain employer housing after employment ends under SI 61/99; unpaid wages do not create retention rights.
Employment law – termination of employment ends tenancy (SI 61/99) – Collective Bargaining Agreement clause 4 – statutory instrument prevails over circulars/letters – no right of retention for unpaid dues – magistrates not bound by fellow magistrates.
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25 March 2021 |
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Applicant lacked standing, claims were time-barred and raised material factual disputes unsuited to application proceedings.
Administration of Estates Act s25 – locus standi – only executor may represent deceased estate; Prescription – challenges to liquidation and distribution accounts must be brought within 3 years; Civil procedure – material disputes of fact requiring viva voce evidence cannot be resolved on application; Transfers to innocent purchaser and review of estate distribution.
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25 March 2021 |
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Delayed, inconsistent and possibly induced sexual complaint rendered conviction unsafe; appeal allowed and accused acquitted.
Criminal law – Rape – Admissibility of sexual complaint – Promptness, voluntariness and absence of inducement – Material contradictions in complainant’s accounts – Inconclusive medical evidence – Evaluation of defence evidence – High Court Act s 4(2) (evenly divided bench).
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18 March 2021 |
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Teacher's indecent‑assault conviction upheld; sentence reduced and restructured to lawful suspended term with community service.
Criminal law – indecent assault (teacher on pupil) – credibility of complainant – inconsistencies not fatal – proof beyond reasonable doubt – fanciful defence insufficient – appellate review of sentence; substitution to lawful penalty.
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11 March 2021 |