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Citation
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Judgment date
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| October 2008 |
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Election petition dismissed for lack of locus standi, improper citation/service, incompetent relief and other procedural defects.
Electoral law — election petition procedure — locus standi of petitioner — proper citation and service of respondents — competence of provisional/interim relief — application of High Court rules to Electoral Court
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30 October 2008 |
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Court quashed convictions where magistrate summarily dismissed change‑of‑plea application and failed to explain essential elements of bribery.
Criminal procedure — change of plea — duty of court to hear application to alter pleader once doubt raised — s 271(2)(b) CPEA — requirement to explain charge and essential elements to unrepresented accused — allegations of duress/coercion by police — convictions unsafe; trial de novo ordered
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29 October 2008 |
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Conviction and forfeiture quashed for failure to record the accused’s identity and personal plea, breaching magistrate’s recording duty.
Magistrates' court — Duty to keep full and comprehensive record — Identity of accused — Plea-taking — Accused must personally plead — Failure to record plea or identity is gross irregularity vitiating conviction — Forfeiture set aside.
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27 October 2008 |
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Applicant lacked standing, failed to invoke contractual arbitration, and did not establish statutory grounds for provisional judicial management.
Company law — locus standi of former director/shareholder to seek judicial management — mandatory arbitration clauses in shareholders’ agreements — requirements for provisional judicial management under s300 Companies Act — costs on attorney–client scale for pursuing futile litigation
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22 October 2008 |
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Shareholders cannot convene an extraordinary meeting where company articles require director requisition; notice declared void.
Company law – Extraordinary general meeting – Companies Act ss 126 and 128(1)(b) – Articles of association (Article 63) – shareholder requisition of directors – validity of shareholder-convened meeting
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15 October 2008 |
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Division of matrimonial assets including a family business and orders for spouse and child maintenance.
Family law — Divorce; Custody and access; Child and spousal maintenance; Matrimonial property — inclusion of family business; Valuation and buy-out procedure; Costs awarded to successful spouse
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15 October 2008 |
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Widow lacked locus standi absent letters of administration and her claim for transfer was prescribed; registered title upheld as conferring ownership.
Deceased estates – locus standi – executor with letters of administration as sole representative; Prescription – plea pleaded in defendants' plea valid; claim for transfer of land may be a 'debt' for Prescription Act purposes; registered title confers real rights; nominee/constructive trust not established
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15 October 2008 |
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Custodian parent authorized to remove children abroad; non-custodian failed to show deliberate interference with access or need to vary custody.
Family law — Custody and access — Consent order permitting internal relocation and requiring consent for removal abroad — Custodian parent’s broad day-to-day authority — Non-custodian must prove best interests to vary custody — 'Dirty hands' doctrine not made out
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15 October 2008 |
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Review application time‑barred; applicant lacked standing; sale by intestate heir upheld and eviction granted.
Administration of estates — Review of Master’s decision — Rule 259 time‑limit runs from date of knowledge — Locus standi of surviving spouse to challenge heir’s acts — Master’s report not directly reviewable — Heir of intestate estate may dispose of property — Eviction and costs awarded
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15 October 2008 |
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Bailee contract with a signed exclusion clause; plaintiff pleaded breach of contract but failed to prove negligence, so claim dismissed.
Contract — Depositum (bailee) — delivery into custody and return on demand — exclusion clause incorporated by signature — binding terms; Contract v Delict — election of cause of action; Liability — exclusion clauses and negligence/gross negligence; Evidentiary burden to rebut exemption clause
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14 October 2008 |
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Property bought after separation can be matrimonial; indirect contributions justified a 20% share and valuation/buy-out order.
Matrimonial property – scope of matrimonial property under Matrimonial Causes Act – property acquired after separation may be matrimonial; Proceeds linkage – proceeds of sale of prior matrimonial home used to purchase new property create entitlement; Indirect contributions (use of salary advice, household contributions, supervision) can ground an award; Equitable discretionary distribution – 20% award; Valuation and buy-out remedy; Custody and access orders
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9 October 2008 |