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Citation
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Judgment date
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| November 2008 |
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Right of first refusal under a company vehicle policy requires a third-party offer; absent such offer, retention and compulsion to sell are unlawful.
Employment law — company vehicle policy — construction of clause: right of first refusal (pre-emption) vs option to purchase — pre-emption requires third-party offer and price — cannot compel owner to sell — retention without entitlement unlawful — provisional urgent relief discharged.
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25 November 2008 |
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Whether gratuitous support by the deceased makes the applicant’s minor a "dependant" under the Family Maintenance Act.
Deceased Persons Family Maintenance Act – definition of "dependant" – s 2(f) – statutory construction – requirement of a legal duty to maintain – gratuitous support insufficient – scope limited to family or family-like relationships.
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25 November 2008 |
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The court refused to adjudicate internal church doctrine and disciplinary disputes raised by the applicant, dismissing the application.
Church law — ecclesiastical disputes — justiciability of internal church doctrine, worship practice and discipline — secular courts must refrain from adjudicating church governance matters; neutral principles inapplicable where resolution requires doctrinal inquiry.
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25 November 2008 |
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Master's rejection of the applicant's will set aside for failure to consider s8(5); matter remitted to the Master.
Wills Act s 8(1)(b) and (d) — formalities for execution — s 8(5) — Master's discretion to accept non‑compliant document as will — review for gross irregularity — remittal for de novo consideration.
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19 November 2008 |
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Accused acted in self‑defence but negligently used a knife; convicted under s49(a), acquitted of murder under s47(1)(b).
Criminal law – self‑defence – domestic assault – mistaken belief about weapon – negligent use of deadly instrument – murder (s47(1)(b)) substituted by conviction under s49(a).
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19 November 2008 |
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Founding affidavit by agent inadmissible as hearsay; appeal not void nor lapsed where security tendered and no clerk’s declaration of lapse.
Civil procedure – admissibility of affidavits – hearsay and statements of belief; general power of attorney – agent’s deponential capacity; Civil Evidence Act s27(1) – limited admissibility of first‑hand hearsay; appeal procedure – security for record costs and lapsing of appeal.
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18 November 2008 |
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Defendants failed to prove impossibility from foreign currency shortages; repayment in US dollars was ordered.
Contract performance — Impossibility of performance — Foreign currency shortages — Per aequipollens (equivalent performance) — In forma specifica (performance in contractual currency) — Effect of central bank priority directives on contractual obligations.
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18 November 2008 |
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Rent Board’s fair-rent determination does not end a fixed lease; notice to vacate without breach is invalid.
Commercial leases – Rent Board determination of fair rent during currency of lease – does not terminate lease or create statutory tenancy; notice to quit before lease expiry invalid absent tenant breach or urgent safety/repair grounds; landlord’s desire to occupy not ground for eviction.
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18 November 2008 |
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Conviction unsafe where magistrate failed to elicit adequate particulars and to inquire into special circumstances before imposing mandatory sentence.
Criminal procedure – s 271(2)(b) CP&E Act – adequacy of enquiry into essential elements when accused pleads guilty; s 177(1) particulars – duty to require further particulars where state outline is inadequate; Criminal Law (Codification and Reform) Act s 114(3) – requirement to inquire into special circumstances before imposing mandatory minimum sentence; conviction and sentence unsafe.
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14 November 2008 |
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Employer held vicariously liable; court ordered specific performance or US$11,544 in foreign currency with US-rate interest.
Delict/vicarious liability – employer liable for employee’s actions in course of employment; Specific performance – delivery of replacement vehicle; Monetary award in foreign currency – replacement cost and duties payable in USD; Interest at foreign (USD) rates; Use of independent third party to ensure compliance.
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14 November 2008 |
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Detention beyond statutory period, incommunicado detention and denial of counsel were unlawful; court ordered production or release and access to lawyers and medical care.
Constitutional personal liberty – unlawful detention beyond statutory period – incommunicado detention – right of access to legal representation and medical treatment – protection of child detained with arrested parent – ICCPR obligations.
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10 November 2008 |
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An ex parte provisional order was rescinded after the applicant’s counsel refused service and failed to appear at set-down.
Civil procedure — urgent chamber application — ex parte provisional order — rescission mero motu under Order 49 r 449 — requirement to be heard — service of process — unethical refusal of service by legal practitioner — use of Order 32 r 246 sparingly.
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5 November 2008 |
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Seller who delivered goods must claim the agreed purchase price or rescind; cannot recover market/replacement value at judgment.
Sale of goods – goods sold and delivered – remedies of seller who has parted with res vendita – claim for agreed purchase price or rescission and return of goods – seller cannot recover replacement/market value at date of judgment in lieu of agreed price; credibility of witnesses; effect of hyperinflation on contractual remedies.
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4 November 2008 |
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Leave to appeal granted where trial court misdirected itself by failing to reason on whether the broadcasting offence is strict liability.
Broadcasting law – operation as signal carrier without licence – strict liability versus mens rea – discharge at close of State case – requirement for trial court to give reasons – leave to appeal granted.
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3 November 2008 |