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Citation
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Judgment date
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| April 2008 |
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Court dismissed challenge to delayed announcement of presidential results, holding recount discretion under s67A justified the delay.
Electoral law – jurisdiction over electoral commission – urgency and statutory timeframes for transmission, collation and announcement of presidential results – application of s67A (recounts) to presidential elections via s112 – commission's wide, final discretion on recounts not subject to appeal.
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13 April 2008 |
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Applicant allowed to appeal without leave; passports surrendered and removal interdicted pending appeal to protect access rights.
Family law – custody and access – access as incidence of custody – appeals without leave where custody of minors or interdicts involved – noting appeal suspends execution of order – interim relief ordering surrender of children’s passports pending appeal.
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8 April 2008 |
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Bank under curatorship lacked locus standi to seek summary judgment after cession of claims without curator’s permission.
Banking law – Curatorship – s 54(1) Banking Act – effect on directors/officers’ powers; cession of claims to third party (cessionary) – locus standi to sue; requirement of curator’s permission; summary judgment inadmissible where cedent lacks capacity.
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8 April 2008 |
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Divorce granted for irretrievable breakdown; custody to mother, no spousal maintenance, property allocated per parties’ agreement.
:[
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1 April 2008 |
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Contempt committal requires proof of non‑compliance and wilfulness; adequate answering affidavits must traverse opposing allegations.
Civil contempt — committal — requirement to prove non-compliance and wilfulness on balance of probabilities; answering affidavits must meet the sting of defence; where ability to comply is disputed, contempt proceedings inappropriate until ability and wilfulness established.
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1 April 2008 |