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Citation
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Judgment date
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| February 2012 |
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Whether delivery longa manu discharged the respondent’s obligations and whether the applicant proved damages; court dismissed the claim.
Sale of goods — delivery longa manu — seller's duty to place goods in deliverable state — purchaser's duty to collect and pursue obstructing third parties — proof and quantification of damages
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29 February 2012 |
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Appellants' claim that family cattle were excluded from the deceased's estate rejected; magistrate's credibility findings upheld.
Succession (customary marriage) – disputed ownership of livestock – credibility findings – appellate interference in factual disputes – standard from Barros and Hatendi – possession, custody and cattle tax as evidence of ownership.
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29 February 2012 |
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Exception dismissed: plaintiff’s declaration sufficiently discloses cause of action against the third defendant; she must plead within ten days.
Procedure — Exception to declaration — Order 21 r 137(1)(b) — Order 3 r 11(c) — Sufficiency of summons/declaration — Disputed title to immovable property — Owner/occupier properly cited.
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29 February 2012 |
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Unchallenged written acknowledgement and accepted offer established indebtedness; vague partnership claim failed to disclose bona fide defence.
Civil procedure – summary judgment; unchallenged acknowledgement of debt and written offer accepted – compromise precludes raising original defences; vague, unsubstantiated partnership allegation not bona fide defence; punitive costs awarded
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28 February 2012 |
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A sale founded on a void magistrate's distribution order cannot extinguish a respondent's undischarged 30% matrimonial share.
Property law – sale of immovable property – bona fide purchaser claims – matrimonial/customary union property – magistrate's distribution of joint estate – choice of law and monetary jurisdiction – void judgments – effect on subsequent transfers
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28 February 2012 |
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Applicant’s delayed, non‑disclosing urgent application to stay execution of an arbitral award was dismissed; costs awarded attorney‑and‑client.
Labour law – registration of arbitral awards – stay of execution – urgency – material non-disclosure/mala fides in urgent applications – competence of relief restoring property sold in execution.
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28 February 2012 |
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Admissions and defaults resulted in judgment for the plaintiff for US$55,732.08 with interest and attorney-client costs.
Civil procedure – default judgment – defendants duly served and in default – admission of liability by co-defendants – joint and several liability – entitlement to contractual interest and attorney-client costs – counter-claim dismissed for want of evidence
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27 February 2012 |
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An arbitral award cannot be executed while an appeal is pending; interim relief granted to halt and restore execution.
Labour law; arbitration awards; enforcement and execution; appeal suspends execution of arbitral awards where statute is silent; interim relief against deputy sheriff attachments
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26 February 2012 |
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Court pierced corporate veil after group representation induced employment, ordering disclosure and threatening CEO's personal liability.
Company law — lifting/piercing the corporate veil — representation of group structure to induce employment — disclosure of subsidiaries' incorporation status and addresses — personal liability of director for company debt
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21 February 2012 |
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A dismissal at pre-trial by default is an absolution from the instance; plaintiff may issue fresh summons without prior rescission.
Civil procedure — Pre-trial dismissal under rule 182(11) — Order of dismissal obtained by default is an absolution from the instance, not final judgment for defendant — Rule 63 discretionary — rescission not always prerequisite to issuing fresh summons
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21 February 2012 |
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Whether an employer's vehicle policy created an enforceable option to purchase company cars upon resignation.
Contract law – option to purchase – interpretation of employer vehicle/benefit policy – requirement of definite offer and price – management discretion negating enforceable option; property rights and surrender of company vehicles on resignation
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21 February 2012 |
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Revenue authority may not refuse to assess or receive capital gains tax due because of an alleged prior owner’s non-payment.
Tax law — Capital Gains Tax — Whether revenue authority may refuse to assess/collect due to alleged prior-owner default — Enforcement of court order — Deputy Sheriff authority — Deeds registries: prima facie title.
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21 February 2012 |
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Court grants specific performance to an innocent purchaser despite a co-owner’s alleged forged consent, dismissing counterclaim.
Specific performance – sale of immovable property – co-ownership and power of attorney – alleged forgery – innocent purchaser for value – equitable discretion to order specific performance despite defect in co-owner consent – matrimonial property and concurrent divorce remedies.
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21 February 2012 |
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Court withheld certification after magistrate failed to impose mandatory sentence and invite special circumstances.
Criminal review; Firearms Act; Mandatory minimum sentence; Special circumstances; Review remedies; Withholding certificate; Delay in lodging record for review.
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21 February 2012 |
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An irreparably defective trial record, compounded by the magistrate's death, required quashing of convictions.
Criminal procedure — defective or unintelligible record of proceedings — material deficiency — inability to rectify due to death of trial magistrate — Attorney‑General concession under s35 — convictions quashed; sentences set aside.
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21 February 2012 |
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Whether the High Court may intervene in unterminated criminal proceedings and when such intervention is justified.
Criminal procedure — Review of unterminated proceedings — High Court's statutory (ss 26, 29 H of Z Act) and inherent powers — Intervention only in rare cases of grave injustice, gross irregularity or substantial miscarriage of justice — s29(3) requires actual substantial miscarriage before quashing conviction.
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21 February 2012 |
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Detention lawful where reasonable suspicion existed that applicant was a prohibited person due to prior deportation.
Immigration law — Detention under s 8(1) — Reasonable suspicion — Prohibited person after prior deportation — Onus to show exemption under s 16 — Validity of investor permit
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20 February 2012 |
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Special pleas of res judicata and prescription upheld; directorship claim extinguished, shareholding issue remains pending on appeal.
Civil procedure – res judicata – requirements for final and definitive judgment by competent court; Prescription – extinguishment of rights under Prescription Act; Lis pendens – effect of pending appeal on issue; Amendment of pleadings – requirements for proper amendment; Costs – Legal Aid Act s18 prohibits costs against aided person.
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20 February 2012 |
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Court lifted corporate veil to include company‑held home in matrimonial asset division, awarding 65% of joint house to the defendant.
Matrimonial Causes Act s 7 — division, apportionment and distribution of assets of the spouses; lifting the corporate veil; assets held by company/trust where spouse exercises control; valuation and buy‑out of property shares
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15 February 2012 |
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Senior labour officer’s determination terminated employment from suspension; plaintiff failed to prove or quantify damages, so defendants absolved.
Labour law — senior labour relations officer determination — dismissal effective from suspension date; pleading defects; failure to prove/quantify loss of earnings and terminal benefits; currency-conversion issues; first defendant improperly cited; absolution from instance; costs on scale of legal practitioner and client
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15 February 2012 |
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Rescission granted where applicant showed bona fide defence and good cause under Rule 63 despite disputed service.
Civil procedure — Rescission of default judgment — Rule 63 — Good and sufficient cause — Prima facie proof of service: deputy sheriff's return — Rebuttal by concrete evidence — Bona fide defence with prospects of success — 'Rent to buy' deductions and receipts — Disputed factual issues requiring trial
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14 February 2012 |
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Delayed disclosure and untested medical evidence made the sexual offence conviction unsafe; accused acquitted.
Criminal law — Sexual offences — Delayed disclosure by child complainant — Credibility and reliability — Need for special care and proof beyond reasonable doubt — Medical/expert evidence on timing of infection — Conviction unsafe where medical report untested.
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14 February 2012 |
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Tenant breached lease by non-payment and unauthorized subletting; landlord entitled to cancel lease and evict.
Lease law — rent obligation after currency change (US$1.75/m2) — tenant's duty to pay rent and operating costs — unauthorized subletting — entitlement to cancel lease and eject — computation of arrears, holding-over damages, interest and costs.
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13 February 2012 |
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Summary judgment granted; agreed 25% interest and collection commission enforceable; ordinary scale costs awarded.
Civil procedure – summary judgment – bona fide defence; Contractual interest – enforceability of agreed rate; Moneylending and Rates of Interest Act v Prescribed Rates of Interest Act s4; Recovery of collection commission; Costs scale – ordinary where no express agreement for higher scale
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7 February 2012 |
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Provisional sentence granted on an accountant’s written acknowledgment of debt; defendant estopped from denying authority to bind the company.
Civil procedure – provisional sentence – liquid document – written unconditional acknowledgment of debt; agency and authority – estoppel and Companies Act s12(c); relevance of unsigned mandate; exchange control objection immaterial; costs on legal practitioner-and-client scale
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7 February 2012 |
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Court granted the applicant leave to execute pending appeal, finding the respondent’s appeal frivolous and without real prospects.
Civil procedure — Execution pending appeal — Leave to execute — Factors: irreparable harm, prospects of success, frivolous/vexatious appeal — Offer and acceptance — Statutory tenant protection — Unpleaded improvements — Net One Cellular; South Cape Corporation precedents
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7 February 2012 |
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Appellant in unregistered customary law union awarded 50% where significant direct and third‑party contributions were proven.
Unregistered customary law union — division of property — tacit universal partnership principles and general law guidance — relevance of spouse's direct labour and third‑party financial assistance — s 7 Matrimonial Causes Act as guidance
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7 February 2012 |
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Defendant liable for 1.6 million litres of diesel; ordered to deliver or pay equivalent; counterclaim dismissed.
Contract for supply of goods – parol (verbal) loan of fuel corroborated by written acknowledgement and reconciliation; security over immovable property and shares; burden to call material witness; no illegality or duress; counterclaim dismissed; specific performance / delivery in specie ordered.
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7 February 2012 |
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Evidence of a rent-to-buy housing scheme constituted a bona fide defence; summary judgment dismissed and leave to defend granted.
Property law — employer housing disposal — rent-to-buy scheme v tenancy — summary judgment — bona fide defence — triable issue — leave to defend
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5 February 2012 |
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The plaintiff entitled to transfer after the first defendant accepted payments then improperly demanded excessive interest.
Contract variation by conduct; unsigned draft binding where parties act on it; acceptance of payments waives right to cancel; impermissible unilateral imposition of exorbitant interest; specific performance/transfer ordered
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5 February 2012 |
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Court condoned late rescission application, permitted filing within ten days, and ordered respondent to pay costs.
Civil procedure — condonation of late noting of rescission application — default judgment — High Court Rules r 238(2)(b) automatic bar — discretion to avoid fettering future rescission — costs de bonis propris not awarded
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5 February 2012 |
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High Court will not grant declaratory relief to short‑circuit a magistrates' eviction or reward forum shopping.
Civil procedure — declaratory relief — use of High Court to interfere with magistrates' court execution or appeal — forum shopping — disclosure of related High Court proceedings — joinder — possessory relief vs ownership — abuse of process — punitive costs (attorney and client).
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5 February 2012 |
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Respondent barred for late heads; summary judgment granted and excessive 10% monthly penalty reduced under Contractual Penalties Act.
Civil procedure — Summary judgment; failure to file heads under r 238(2a) — respondent barred but court may decide on merits
Contractual penalties — 10% per month excessive; reduction under Contractual Penalties Act to fair and just rate (5% per month). Requirement for a good prima facie defence to defeat summary judgment
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2 February 2012 |
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Interim interdict granted to restrain disposal of company-owned immovable property pending resolution of disputed share-transfer.
Urgent application; interim interdict pending action; prima facie right to company-owned immovable property; apprehension of irreparable harm from share-transfer; balance of convenience; alternative remedies insufficient
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2 February 2012 |
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Valid sale upheld despite unlawful foreign-currency component; in pari delicto prevents rescission and eviction granted.
Contract of sale — validity of verbal sale — merx and pretium; Exchange Control Act/Regulations — payment in foreign currency and illegality; Illegality — in pari delicto rule vs restitution; Eviction following valid cession; Costs on attorney-and-client scale
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1 February 2012 |
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Whether a belated, unparticularised alibi and reporting delay undermined conviction and sentencing for rape of an 11‑year‑old.
Criminal law — Rape of a juvenile — Identification and credibility — Alibi: onus and need for timely particulars — Corroboration by medical evidence despite reporting delay — Sentencing discretion and reduction.
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1 February 2012 |