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Citation
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Judgment date
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| June 2023 |
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Application to set aside interim freezing order under s37J(2) dismissed for failure to show good cause.
Money Laundering Act s37J(2) – interim freezing orders – unexplained wealth orders – meaning of "good cause" – ex parte applications and notice – distinction between interim freezing orders and interdicts (s44) – material non-disclosure – risk of dissipation
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30 June 2023 |
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Applicants’ ownership and notice complaints did not amount to good cause to set aside the interim freezing order under the Money Laundering Act.
Money Laundering Act s37B, s371, s37J(2) – Interim freezing orders – Good cause standard for setting aside – Distinction between interdict (s44) and interim freezing order – s37K governs variation/exclusion – Non‑disclosure and ownership not automatically discharge interim freezing orders
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30 June 2023 |
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Applicant failed to show "good cause" to set aside an interim freezing order under the Money Laundering Act; application dismissed.
Money Laundering Act (Ch 9:24) – interim freezing orders (s 371) – setting aside under s 37J(2) – meaning of "good cause" – ex parte unexplained wealth orders (s 37B) – notice – exclusion from interdict (s 44) inapplicable – material non-disclosure – risk of dissipation – costs
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30 June 2023 |
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30 June 2023 |
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30 June 2023 |
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30 June 2023 |
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30 June 2023 |
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Application to set aside an arbitral award dismissed as time‑barred, res judicata, and lacking cause of action.
Arbitration – setting aside award – Article 34(2)(b)(ii) (public policy) – Article 34(3) time‑bar – res judicata and estoppel – abuse of process – interlocutory rulings – applicant lacking cause of action – positive relief not available under Article 34(1)
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29 June 2023 |
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Applicant’s challenge to an arbitral ruling refusing late evidence was dismissed as time‑barred, res judicata, and lacking cause of action.
Arbitration — setting aside award — Article 34(2)(b)(ii) public policy challenge; Article 34(3) three‑month time limit; res judicata/estoppel and functus officio; interlocutory arbitral rulings; lack of cause of action; prohibition on positive relief by court
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29 June 2023 |
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29 June 2023 |
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29 June 2023 |
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Exceptions, res judicata and prescription raised against commercial claims dismissed; defendants ordered to plead to merits within ten days.
Commercial division procedure – exceptions – requirement that no possible evidence can disclose cause of action before striking plea; Arbitration – foreign arbitral award – recognition vs registration/enforcement; Res judicata/issue estoppel – requirements of identity of issue, finality and parties; Prescription – burden to prove and interruption by prior proceedings or processes under Prescription Act; Corporate law – single economic unit/piercing veil considered but not resolved; Delict vs contract – collateral delictual claims may survive
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28 June 2023 |
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Applicant in peaceful possession despoiled by respondent's unlawful demolition; mandament van spolie granted and urgency upheld.
Property law — mandament van spolie — peaceful possession and unlawful deprivation — urgency of spoliation application — unlawful demolition of dwellings and s 74 constitutional protection — adverse inference for dishonest litigation conduct
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28 June 2023 |
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Substantial compliance with s26 via newspaper notice and registered-post service upheld; applicants' review and relief dismissed.
Town and regional planning — s26 change-of-use applications — statutory requirements for service and public notice — newspaper publication as valid public notice — registered post to correct address as substantial compliance — onus of proof and credibility in review of administrative decisions
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28 June 2023 |
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Prior provisional order did not bar issues; exception dismissed for Rule 42(3) non‑compliance; prescription and locus standi ruled for plaintiff.
Civil procedure — Exception — Rule 42(3) — Mandatory requirement to give written letter calling for removal of cause of complaint before exception — Failure fatal; Prescription — cause of action accrues when defendant's alienation/occupation occurs (2021), not necessarily on earlier sale (2017); Locus standi — direct and substantial interest from earlier sale confers right to sue; Res judicata — provisional order does not finally determine issues
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28 June 2023 |
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28 June 2023 |
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A r29(1)(a) rescission application cannot vary an order made under s47(1)(b) of the Money Laundering Act; application struck off.
Money Laundering and Proceeds of Crime Act – s47(1)(b) ex parte applications – characterisation as criminal proceedings – rescission under High Court Rules r29(1)(a) – s38(4) balance of probabilities does not convert criminal proceedings to civil – s83(1)(b) property seizure (Chapter V) is a separate civil regime – service dispensation certificate not determinative
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27 June 2023 |
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27 June 2023 |
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26 June 2023 |
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26 June 2023 |
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Respondent barred for non-compliance with Rule 95(19); rescission granted where service was challenged and title dispute threatened third-party purchasers.
Civil procedure – rescission of default judgment – wilful default – sufficiency and rebuttal of return of service; Rule 95(19) – filing and service of heads of argument; eviction – pending competing title dispute between respondent and land developer; protection of innocent third-party purchasers
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23 June 2023 |
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23 June 2023 |
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Applicant granted leave to withdraw pre‑trial admissions and ordered to pay attorney‑and‑client costs to respondents.
Civil procedure — Withdrawal of admissions — Rule 50(8) High Court Rules — Authority of deponents to swear affidavits — Pre‑trial conference attendance obligations — Striking admissions from record — Costs: attorney and client awarded for negligent litigant
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22 June 2023 |
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High Court struck off application for stay of trial for failure to first exhaust remedies in the trial court.
Criminal procedure — Stay of proceedings — Subsidiarity and exhaustion of intra-court remedies — High Court intervention only in exceptional circumstances — Interim interdict requirements — Proper citation of prosecuting authority
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21 June 2023 |
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21 June 2023 |
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20 June 2023 |
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19 June 2023 |
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16 June 2023 |
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Whether a lease-to-buy existed and was performed where no purchase price was agreed and payments were not proved.
Lease v. sale (lease-to-buy) — certainty of purchase price — agreement on pretium prerequisite for valid sale; evidentiary burden to prove performance (deposit, instalments, monthly rent); cancellation of lease and ejectment where tenant breaches payment obligations
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14 June 2023 |
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8 June 2023 |
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7 June 2023 |
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6 June 2023 |
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A tax assessment is a multi-step process; attacking a notice of assessment without properly pleading against the assessment process is defective.
Tax law — Assessment is a process including determination and notice; Notice of assessment is a record and not the assessment itself — Procedural pleading requirements when challenging assessments — Challenge must target the assessment process, not merely the notice
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2 June 2023 |
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Whether a co‑wife who knowingly entered a bigamous union can claim a share in matrimonial immovable property.
Matrimonial property – Distribution on divorce/nullity under s 7 Matrimonial Causes Act – putative spouse and bigamy – indirect contributions and needs – unjust enrichment – equitable division of immovable and movable assets
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2 June 2023 |
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2 June 2023 |
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1 June 2023 |
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1 June 2023 |
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1 June 2023 |
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1 June 2023 |