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Citation
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Judgment date
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| December 2003 |
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Stay of execution refused where consent judgment, self-created urgency, and unproven fraud allegations indicated mala fide delay.
Urgent chamber application — stay of execution pending rescission — consent judgment — allegation of fraud — self-created urgency and abuse of process — bona fides — costs on attorney and client scale.
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16 December 2003 |
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A bank may freeze an account and retain securities amid fraud suspicions; urgency refusal did not decide the merits.
Banking law – debtor-creditor relationship – bank’s right to retain securities and freeze account where employee fraud alleged – urgency ruling as non-merits refusal.
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16 December 2003 |
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Dismissal set aside for re‑raising previously adjudicated allegations and for failure to afford a proper hearing.
Labour law – unfair dismissal – re-litigation of previously adjudicated grounds (res judicata/issue estoppel) – natural justice – right to be heard; written request for representations not substitute for hearing.
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16 December 2003 |
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Court upheld two acquisitions as constitutionally valid, set aside one acquisition and allocations for statutory non‑compliance.
Compulsory acquisition – Constitutional notice requirement s.16(1)(b) – Land Acquisition Act s.5(1)(b) amendment intra vires; Unregistered lease not a 'real right' for notice purposes; Failure to comply with s.7(1)(b) invalidates acquisition (Mpinga Extension); Agricultural Land Settlement Act s.9 compliance required before allocation/lease; Interdicts and costs awarded.
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16 December 2003 |
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Applicants failed to prove statutory occupancy or a prima facie right; interim relief was refused and application dismissed with costs.
Land reform; Eviction; Rural Land Occupiers (Protection from Eviction) Act 13 of 2001; Interdict — requirements for interim relief; Spoliation; Police duty to maintain law and order.
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2 December 2003 |
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Whether a third party's assumption of debt discharged the defendants and whether the plaintiff must account for sale proceeds.
Contract/novation – delegation by third party to assume debtor's liability; bank guarantees and payment by third party; burden of proof; entitlement to accounting of sale proceeds.
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2 December 2003 |
| November 2003 |
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Plaintiff awarded damages for negligent overtaking by employee; employer vicariously liable; interest from service of summons.
Delict — motor collision — negligence of driver; vicarious liability of employer; assessment of damages based on repair quotation; interest from date of service of summons.
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25 November 2003 |
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Provisional freezing order discharged: applicants failed to prove misuse of trust funds or entitlement to final interdict replacing trustees.
Trust law – legitimacy of trustees and disputes over board composition; urgent interim relief identical to final relief; requirements for prohibitory interdict; banks' role in accepting or revoking signatories; locus standi of trusts under High Court Rules; compliance with Trust Deed and governing Manual.
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25 November 2003 |
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A purchaser with only a commercial interest lacks locus standi to compel a judgment creditor to uplift a caveat and accept payment.
Civil procedure — locus standi — joinder and intervention — requirement of a direct and substantial legal interest — commercial/financial interest insufficient — purchaser’s interest akin to subtenant’s interest.
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18 November 2003 |
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Respondents who sued for the purchase balance could not later cancel the contract and retain sale proceeds; curator entitled to recovery.
Contract law – election to enforce versus cancellation – specific performance – approbation and reprobation – curator bonis entitlement to account and recover sale proceeds – unjust enrichment.
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18 November 2003 |
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An exemption/no-refund clause cannot shield a supplier from liability for a fundamental breach; plaintiff awarded refund, interest and costs.
Contract law — exemption/no-refund clause in standard form — interpretation against fundamental breach; penalty stipulation; pleadings must traverse allegations; Consumer Contracts Act not applicable to defeat common-law protections.
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11 November 2003 |
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Summary judgment granted where respondents failed to raise a prima facie defence to well-documented indebtedness.
Civil procedure — Summary judgment — sufficiency of documentary proof (acknowledgement of debt and guarantees) — requirement for a prima facie/bona fide defence to raise a triable issue.
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11 November 2003 |
| October 2003 |
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Belatedly-notified exemption clauses did not absolve the warehouse-keeper of liability for missing stored goods; damages awarded.
Contract law – incorporation of standard trading conditions – exemption/limitation clauses – belated notice and incorporation; owner's-risk clause; liability for theft by servants; fundamental breach; assessment of damages – replacement cost.
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28 October 2003 |
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The court awarded the applicant full loss of earnings, rejecting the respondents' mitigation and release-based defences.
Motor-vehicle collision (hit-and-run) – damages for loss of earnings – mitigation of damages – no absolute duty to mitigate; onus on defendant to prove unreasonable failure to mitigate – quantification of loss – release challenged and rejected.
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28 October 2003 |
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The respondent's negligent overtaking on a blind bend caused the collision; the applicant's evasive actions were reasonable.
Road traffic — Overtaking on blind bend — Duty to give way — Driver in correct lane entitled to expect wrong-side vehicle to yield; negligent overtaking causes liability.
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21 October 2003 |
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Urgent application dismissed for wrong appeal route, failure to seek rescission, and multiple procedural defects.
Labour law – appeal procedure – wrong forum for appeal; condonation versus rescission; urgent chamber applications – procedural formalities, defective founding affidavit, incorrect draft order form (Form 29C); necessity to join sheriff when seeking to restrain execution.
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21 October 2003 |
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s8 acquisition order vests land but does not divest possession of movables; spoliation ordered as sale not proved.
Land Acquisition Act s8 — land vests in acquiring authority but movable property not compulsorily acquired; mandament van spolie — possession of movables preserved; onus on alleged purchaser to prove sale; disputes of fact requiring oral evidence; enforcement by Deputy Sheriff with police assistance.
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21 October 2003 |
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High Court dismissed application to interdict employer wage deductions where Labour Court had disposed the matter and s108(4) permitted deductions.
Labour law – collective job action – wage deductions – interdict – concurrent/continuation proceedings from Labour Court – section 108(4) Labour Amendment Act No 17 of 2002 permits employer deductions.
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20 October 2003 |
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Continued retention and publication of adverse credit information after notice converts a privileged report into actionable defamation.
Defamation; qualified privilege for true reports of judgment; continuing publication via database; duty to withdraw/expunge after notice; damages for continued publication.
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14 October 2003 |
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Applicant failed to establish an iter ad sepulcrum or any ius in re aliena over a respondent‑owned shrine; application dismissed with costs.
Property law – servitudes – praedal vs personal servitude – iter ad sepulcrum (right of access to a grave) – res sacrae/res religiosae – ownership of shrine – locus standi.
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14 October 2003 |
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The applicant awarded substantial damages for severe permanent brain injury; contributory negligence rejected.
Delict — Motor-vehicle personal injury — Liability admitted; contributory negligence rejected — Assessment of quantum for severe permanent brain injury, loss of amenities and future medical expenses — Effect of inflation on awards — Interest and costs.
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14 October 2003 |
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Application to withdraw a pleading admission refused due to delay and prejudice to the respondent.
Civil procedure – amendment of pleadings – withdrawal of admissions – requires bona fide mistake and no uncured prejudice to opposing party – lateness and prejudice justify refusal.
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7 October 2003 |
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Cancellation justified for fundamental breaches; large consequential losses were too remote and the plaintiff’s claim was dismissed.
Contract formation – incorporation by reference (caveat subscriptor); cancellation for fundamental breach in contracts requiring uberrimae fidei; remoteness and foreseeability of damages; requirement to plead special damages with particularity.
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7 October 2003 |
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An agent who accepts a full delivery mandate is liable for loss from negligent carriage; a sub-agent has no privity with the principal.
Agency law — delegation to sub-agent — privity of contract — agent's liability for negligence of sub-agent; carriage and insurance obligations of freight agents; damages for repair costs and loss of earnings; credibility findings.
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7 October 2003 |
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Suspension without pay where the registered Code of Conduct does not permit it is ultra vires and void.
Employment law – Registered Code of Conduct binding post-privatization – Disciplinary action measured against Code – Suspension without pay not provided for in Code – Ultra vires and void – High Court jurisdiction where Labour Relations Office cannot grant declaratory relief.
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7 October 2003 |
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Plaintiff's claim for shortfall in group life benefit dismissed: employer had discharged contractual notification duty; insurer bore the risk.
Insurance law – group life scheme – employer's obligation to notify insurer – submission of aggregate premiums/salary returns satisfies contractual duty – insurer's duty to request individual breakdowns and medicals – allocation of risk to underwriter.
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7 October 2003 |
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Exclusion of the applicant during witness testimony and denial of confrontation violated fair hearing, invalidating the dismissal.
Administrative law – Disciplinary proceedings – S.I. 1 of 2000 (ss 44–45) – Right to be present and confront witnesses – Exclusion of accused during witness evidence fatal – Disciplinary committee’s power to recommend not to determine guilt – Review and setting aside of unfair proceedings.
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7 October 2003 |
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Appeal from labour tribunal does not suspend private-law consequences of dismissal; eviction and holding-over damages granted.
Employment law — employer decision under registered Code of Conduct — private-law consequences of dismissal — appeal to Labour Relations Tribunal/Supreme Court does not automatically suspend right to occupy employer-provided housing — summary judgment for ejectment and holding-over damages.
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7 October 2003 |
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Registration of a foreign judgment upheld where defendant appeared and pleaded, service irregularity not fatal and condonable.
Civil Matters (Mutual Assistance) Act – registration of foreign judgments – service of foreign process – section 13 not exclusive – lex fori governs procedural issues – consent to jurisdiction by appearance and pleadings – condonation of directory non‑compliance.
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7 October 2003 |
| September 2003 |
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An applicant who files a registration application may continue publishing pending determination; warrantless police seizure was unlawful and property must be restored.
Access to Information Act – registration of mass media – s 8(2) Regulations – right to continue operating pending registration; Criminal Procedure & Evidence Act – Part VI seizure – warrantless seizure unlawful without consent or requisite belief; forfeiture only after conviction; police blockade and removal of equipment unjustified.
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17 September 2003 |
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The respondent’s cancellation was invalid; by conduct it waived cancellation and remaining contract parts are enforceable.
Contract law – Cancellation – Waiver and estoppel by conduct – Severability of multi-part contract – Variation of contract – Refusal to order specific performance to force signing of draft agreement.
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16 September 2003 |
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Unlawful police shooting causing permanent spinal injury entitled the applicant to substantial general and special damages.
Police liability – Unlawful use of lethal force in crowd control – Assessment of general damages for permanent spinal injury, loss of amenities and psychological harm – Award of proved special damages (medical expenses, past loss of income).
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16 September 2003 |
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Court refuses to set aside shareholders' agreement or order audits, finding no oppressive conduct or mala fides.
Company law — shareholder oppression — s196/s198 — shareholders' agreement enforcing unequal voting rights — judicial non-intervention in internal commercial decisions absent mala fides or fraud; audit and meeting complaints insufficient to show unfair prejudice.
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16 September 2003 |
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The applicant's pointing-firearm conviction was unsafe; weapon-possession convictions upheld; alleged police assault did not justify mitigation.
Firearms Act offences – safety of convictions – witness contradictions and credibility – recovery of firearm and ammunition – ownership dispute – alleged police assault as 'special circumstances' for sentencing.
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10 September 2003 |
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Appointment to a senior council post without statutory Board procedures rendered the contract void; respondent must return council property.
Local Government — Appointment of senior officials — Non-compliance with sections 134 & 135 of Urban Councils Act — Validity of employment contract — Power of Local Government Board to condone procedural breaches — Section 140 discharge of senior officials — Return of council property.
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9 September 2003 |
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Ex parte arrest order discharged where applicant failed to prove respondents intended to remove disputed matrimonial property.
Civil procedure — provisional ex parte order — arrest tamquam suspectus de fuga — confirmation — requirement to prove real risk of flight and connection to alleged removal of property; matrimonial property disputes — relief against third parties; costs.
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9 September 2003 |
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Applicant’s review of disciplinary proceedings dismissed for failure to lodge the inquiry record and to comply with the eight‑week rule.
Administrative law — Review of disciplinary proceedings — Order 33/High Court Rules — requirement to lodge original record (Rule 260) — eight‑week time limit for review (Rule 259) — failure to seek condonation — procedural non‑compliance — dismissal.
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2 September 2003 |
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Delay in accepting payment was not waiver; respondent may enforce sale and Deputy Sheriff may sign for defaulting party.
Civil procedure — waiver by conduct — strict onus to prove renunciation of a right — delay/indulgence not necessarily waiver; enforcement of divorce property order — sale of matrimonial home; Deputy Sheriff empowered to sign transfer documents for defaulting party.
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2 September 2003 |
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Seller's purported cancellation invalid; purchaser paid as required and "without deduction" limited to contemplated deductions.
Sale of immovable property — instalment sale — special conditions and deposit — "without deduction" clause limited to deductions in contemplation of parties — Contractual Penalties Act requires statutory remedy period for instalment breaches — purported cancellation ineffective.
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2 September 2003 |
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Conviction under common purpose upheld; sentence reduced and community service considered due to mitigating factors.
Criminal law – Theft – common purpose liability; police officer misconduct and breach of trust; sentencing – weight of mitigatory factors, value recovered, community service as alternative to imprisonment; parity of sentences between co-accused.
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2 September 2003 |
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Review court reduced excessive aggregate sentence using concurrency and directed reporting of alleged police assaults.
Criminal law – Sentencing – Totality principle – Concurrent vs consecutive sentences – Suspension of sentence – Alleged police assault on accused – Magistrate’s duty to report alleged torture.
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2 September 2003 |
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Court allows amendment to summons updating arrear rentals and interest under Order 20 Rules 132/134; delay and procedural missteps not fatal.
Civil procedure — Amendment of pleadings — Order 20 Rules 132 and 134 — Cause of action arising after issue — Amendments allowed liberally to decide real issues — Delay or procedural irregularity not fatal absent irremediable prejudice — Multiplicity of actions to be avoided.
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2 September 2003 |
| August 2003 |
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High Court may grant condonation for late heads, but cannot register/enforce Negotiating Committee determinations; timeliness of LRT appeals is for the Tribunal.
Labour law — Negotiating Committee determinations under Codes of Conduct — registration/enforcement as civil judgments — limits of High Court jurisdiction; Appeals to Labour Relations Tribunal — timeliness to be decided by Tribunal; Condonation for late filing of heads of argument.
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31 August 2003 |
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Section 3 relief denied where applicant failed to prove intermediary's title and statutory prerequisites; provisional order discharged.
Titles Registration Act s3 — applicability where registered owner is a local authority; proof of just and lawful right to ownership; insufficiency of sale agreement and absence of deed of assignment or certificate of heirship; substituted service as appropriate procedure.
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29 August 2003 |
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A candidate’s nomination will not be set aside for voters’ roll address errors caused by registrar staff where residency in the council area is established.
Electoral law — candidate qualification — residence and voters' roll discrepancies — effect of registrar's data-capture error — section 103G and 103C, Electoral Act — high threshold to bar candidate close to election.
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28 August 2003 |
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Owner not vicariously liable where drivers were independent contractors; driver personally liable for collision damages.
Delict—motor collision—vicarious liability—employee v independent contractor—supervision-and-control test—ownership of vehicle not decisive—driver personally liable.
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26 August 2003 |
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An acknowledgement of debt as a compromise (novation) defeats a defendant’s illegality defence, entitling the applicant to judgment.
Contract law — Acknowledgement of debt as transactio/novation — compromise replacing prior agreement — effect on illegality defence; Evidence — credibility and adverse inference from false testimony; Agency — burden to prove transfer to third party and mandate.
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26 August 2003 |
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Applicant withdrew urgent chamber application after set-down; court ordered applicant to pay respondents' costs.
Civil procedure — Urgent chamber application — Withdrawal after matter set down — Costs follow the event; discretion to award costs — Defective procedure and lack of diligence — Points in limine (service, urgency).
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26 August 2003 |
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Purchaser's failure to meet fixed-time, mortgage and payment obligations justified seller's rescission and dismissal of purchaser's relief.
Contract — sale of land — fixed-date performance — mora ex re; purchaser's failure to secure mortgage, dishonoured cheques and resale attempt; material breach justifying rescission; waiver by partial payment; restitution on rescission.
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26 August 2003 |
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Owner held vicariously liable for injuries caused by a non-employee driver; plaintiff awarded substantial damages and future medical care.
Vicarious liability – owner held liable for delict of non-employee driver where crew permitted driving within scope of employment; passenger injured – assessment of general, special and future damages; once-and-for-all rule; 45% permanent disability.
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26 August 2003 |