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Citation
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Judgment date
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| March 2022 |
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Urgent stay of execution refused where applicant failed to make full disclosure, showed self-created urgency and weak prospects of rescission.
Urgent chamber application; stay of execution pending rescission of default judgment; duty of full and frank disclosure; self-created urgency; counsel negligence; prospects of rescission; absence of irreparable harm; alternative remedies
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30 March 2022 |
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Accused convicted of murder based on credible eyewitness and post-mortem evidence; sentenced to 20 years imprisonment.
Criminal law – Murder under s 47(1)(b) – Eyewitness credibility – Accomplice issue – Contradictions with police statement – Corroboration by post mortem – Common purpose – Sentence.
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29 March 2022 |
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Admissible warned and cautioned statement and credibility findings led to conviction for murder; sentenced to 15 years.
Criminal law – Murder (s 47(1)(b)) – Admissibility and weight of confirmed warned and cautioned statement (s 115B) – Self-defence and provocation – Credibility and recent fabrication – Sentencing; youth; pre-trial incarceration; prohibition of death penalty under age 21.
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28 March 2022 |
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Whether a valid SAFE TOP trade mark was infringed and whether respondent’s prior-use and passing-off defences succeeded.
Trade marks – validity and descriptiveness – SAFE TOP held not descriptive and valid; Prior user/vested rights (s10) – failed where alleged use post-dated registration; Trade mark infringement (s8(1)) – similarity, likelihood of confusion and use in course of trade; Passing off – requires proven goodwill; Remedies – account of profits and production of purchase invoices (s9A(2))
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25 March 2022 |
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The applicants are Zimbabwean citizens by birth under s36 and need not renounce foreign citizenship to receive citizenship rights.
Constitutional citizenship – s 36(1) & (2) – citizenship by birth – ordinary residence – evidentiary standard – dual citizenship and renunciation – administrative misclassification of citizen as alien
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25 March 2022 |
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Leaseholder entitled to eviction where lease is prima facie valid and no material factual dispute exists.
Eviction law — leaseholder’s locus standi to sue for possession — motion proceedings — material dispute of fact — presumption of regularity of public documents — unlawful self-help occupation — eviction and demolition order; costs on ordinary scale
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18 March 2022 |
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Conviction for theft affirmed: sufficient evidence showed the goods were the complainant’s and an internal audit was unnecessary.
Criminal law – Theft (s 113(2)(d)) – proof of ownership of goods intercepted before delivery – evidential value of delivery notes and weighbridge records – relevance of internal audit and storeroom procedures – assessment of witness credibility.
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11 March 2022 |
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Whether a liquidator properly accounted for US$70,000 and whether the Master should have investigated and corrected the liquidation account.
Companies Act s282 – objections to liquidation accounts – Master’s duty under s282(3) to correct irregularities – liquidator’s duty to preserve value and properly account for foreign currency receipts – necessity of documentary proof for cash receipts and conversion
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3 March 2022 |