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Citation
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Judgment date
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| September 2023 |
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29 September 2023 |
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27 September 2023 |
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Application to stay trial pending review dismissed; no exceptional irregularity or prima facie entitlement to interdict found.
Criminal procedure — stay of proceedings pending review — requirements for temporary interdict — interference with unterminated proceedings only in exceptional circumstances; prima facie case at close of State case and burden shift to accused; urgency and balance of convenience
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21 September 2023 |
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21 September 2023 |
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21 September 2023 |
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21 September 2023 |
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Court refused summary dismissal, holding the claim not frivolous and locus standi/prescription are triable issues.
Civil procedure — Summary dismissal under r75(1) (now r31(1)) — Frivolous and vexatious standard — Special pleas (locus standi, prescription) not determinable in summary dismissal — Administration of estates — s120 authority — Documents annexed to dismissal application may be considered but factual disputes require trial
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14 September 2023 |
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An arbitral award is subject to prescription; arbitration delays but does not interrupt prescription, rendering late registration time-barred.
Prescription — arbitral awards subject to prescription — arbitration does not interrupt prescription but delays completion under s17 (one-year extension after impediment ceases) — point of law may be raised on appeal if not prejudicial — registration of award time-barred
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7 September 2023 |
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7 September 2023 |