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Citation
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Judgment date
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| July 2024 |
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60‑day notice and eight‑month limitation for suits against the revenue authority are procedural and constitutional.
Constitutional law — statutory notice and limitation periods — 60‑day notice to revenue authority — eight‑month limitation — access to courts — fair and speedy hearing — equality before the law — procedural regulation justified
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31 July 2024 |
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31 July 2024 |
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Divorce granted; most claimed properties found non-distributable; matrimonial home divided 70% respondent, 30% applicant with buy-out mechanism.
Family law – divorce – irretrievable breakdown – distribution of matrimonial property – proof of title/real rights under leases – non-distributability of unvested leaseholds – bona fide sale of matrimonial property – s 7 Matrimonial Causes Act factors – valuation and buy-out mechanism
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30 July 2024 |
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30 July 2024 |
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26 July 2024 |
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A declaratory application was dismissed as a disguised, time-barred review with lis pendens established, for lack of evidence and undue delay.
Civil procedure — lis pendens — same parties, same cause and same subject-matter; Declaratory relief vs review — substance over form; Executor substitution for deceased in pending proceedings; Review of sheriff’s sale — procedural challenge under Order 40; Abuse of process and time-bar; Requirement of evidence for collusion allegations
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24 July 2024 |
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Court declares General Secretary and National Council valid, orders employment council to recognise them and interdicts recognition of rival leaders.
Labour/trade union law – internal leadership dispute – locus standi to seek declarator – validity of General Secretary’s appointment – proof of alleged congress – recognition and interdiction against employment council – procedural bar for failure to file heads of argument
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24 July 2024 |
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24 July 2024 |
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24 July 2024 |
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Respondent awarded custody; court apportioned matrimonial assets, set maintenance, access, valuation and buy-out procedures.
Divorce — custody and best interests of the child — access and travel rights; Maintenance — fixed monthly contribution and educational expense sharing; Matrimonial property — contribution assessment and equitable division; Mortgage liability — asset awarded to servicing spouse; Valuation and buy-out procedures; Usufruct and occupancy orders
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23 July 2024 |
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Whether a third‑party registered house is matrimonial property—court held it was not; divorce granted.
Matrimonial causes — division of assets under Matrimonial Causes Act s7(1) — proof of ownership — third‑party registered property not matrimonial asset — credibility findings
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23 July 2024 |
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Court grants condonation to amend incorrectly filed Form No. 23, exercising discretion under Rules 7 and 59.
Civil procedure – High Court Rules – Rule 7 discretion to deviate from procedural rules; Rule 59 – modification of court forms; Rule 60(1) non-compliance and condonation; wrong form not necessarily fatal where no prejudice shown
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22 July 2024 |
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Appellate court upheld bribery conviction where electronic transfers from a litigant through a clerk to the magistrate triggered s 170(2) presumption not rebutted.
Criminal law – Bribery under s 170(1)(a) – Presumption under s 170(2) that gift to judicial officer from litigant is a bribe – Electronic transaction evidence (Ecocash) – Appellate review of factual findings (Zinwa test) – Effect of co-accused withdrawing appeals.
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19 July 2024 |
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19 July 2024 |
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Appellate court dismissed challenge to share-sale rectification, finding consent documentation and conduct ratified the transfer.
Company law – sale of shares – validity where articles require shareholder consent – ratification by conduct and consent document – appellate interference with factual findings
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18 July 2024 |
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18 July 2024 |
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17 July 2024 |
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17 July 2024 |
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17 July 2024 |
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Applicants' urgent interdict over estate property dismissed as procedurally defective and overtaken by an already-concluded sale.
Urgent chamber application — anti-dissipation interdict over estate immovable property — urgency and promptness of applicants — locus standi of beneficiaries/grandchildren — omission of estate D.R. number not fatal — procedural defects, inconsistent relief, and relief overtaken by concluded sale — dismissal with costs
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15 July 2024 |
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15 July 2024 |
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15 July 2024 |
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11 July 2024 |
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Most pleaded claims failed for prescription or inadequate prima facie proof; limited accounting and regrowth fine claims proceed.
Contract law – contractual duty to account under joint venture agreements; prescription under the Prescription Act; absolution from the instance and the prima facie threshold; evidentiary sufficiency for damages (vandalism, horticultural estimates, timber); estoppel/approbate and reprobate issues
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10 July 2024 |
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Appeal upheld: magistrate failed to resolve material factual dispute under Micro‑Finance Act; matter remitted for proper pre‑trial and hearing.
Procedure — Stated case / pre‑trial — parties cannot treat contested issues as ‘agreed facts’; material disputes of fact require evidence
Micro‑Finance Act s26(1)(a),(c) — lender’s duty to assess borrower’s creditworthiness; non‑compliance engages statutory consequences
Civil procedure — failure to decide issues placed before court is gross misdirection; judgment vitiated and remitted
Interest/usury and in duplum — substantive issues left for trial once preliminary statutory compliance resolved
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10 July 2024 |
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Declaratory claim dismissed: applicants lacked locus standi, claim prescribed, and material factual disputes existed; costs awarded.
Procedure — admission of supplementary affidavit — notice requirements; Company representation — necessity of board resolution when authority is challenged; Locus standi — direct and substantial interest required for declarator based on donation to third party; Prescription — declaratory claims susceptible to prescription; Civil procedure — material disputes of fact requiring viva voce evidence or trial
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10 July 2024 |
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Joinder refused: municipal financial interest insufficient; fresh oral allegations inadmissible; repeated joinder attempts amount to abuse of process.
Civil procedure – Joinder under High Court Rule 32(12)(b) – Requires direct and substantial legal interest, not mere financial interest – Motion proceedings: applicant’s case confined to founding affidavit; fresh oral allegations inadmissible – Repeated joinder applications may constitute abuse of process – Holding-over damages claim adjudicable without municipal joinder
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9 July 2024 |
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9 July 2024 |
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8 July 2024 |
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A declaratory order was inappropriate for challenging an administrative rebate decision; the application was dismissed as misplaced.
Customs and excise — immigrant's rebate — proof of extended absence — evidential weight of passport stamps — declaratory relief requirements — review versus declarator — judicial interference limited to irrationality or procedural impropriety
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5 July 2024 |
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An interdict cannot be granted to restrain or undo lawful alienation effected by a binding divorce consent paper.
Urgency — anti-dissipation interim interdict — consent paper in divorce — enforceability under Matrimonial Causes Act s7(5) — interdict cannot restrain or undo completed lawful alienations — protection of third-party spouse and minor
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4 July 2024 |
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Opposing affidavit struck out where company representative failed to prove authority; application treated as unopposed.
Civil procedure — Representation of juristic persons — Authority to represent must be proved when challenged — Board resolution generally required — Post-hoc resolution cannot ratify earlier unauthorised representation — Opposing affidavit struck out; application treated as unopposed
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4 July 2024 |
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Plaintiff’s admitted breach and subsequent repudiation of the sale agreement precluded relief of specific performance.
Contract law – sale of immovable property – breach and repudiation – effect on remedy of specific performance – proof of payments
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4 July 2024 |
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4 July 2024 |
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Entrenched factual disputes over the nature and proceeds of a commercial investment require referral to trial for oral evidence.
Commercial contract – construction of investment agreement – whether contribution is loan, equity or joint venture – disputes of fact in motion proceedings – corporate veil and alleged irregularities – admissibility of without‑prejudice correspondence – referral to trial
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3 July 2024 |
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Default judgment for architectural fees calculated under SI 829/1980; SI 33/2019 currency conversion reserved for enforcement.
Civil procedure – default judgment after plea struck out; quantum of professional fees – Architects’ Scale of Fees SI 829/1980 (6% rule, claim of 75% thereof); currency conversion – SI 33 of 2019 issue reserved for enforcement; interest from date of demand; costs on attorney and client scale
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2 July 2024 |
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2 July 2024 |