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Citation
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Judgment date
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| April 2025 |
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Review of taxation dismissed as out of time under r 72(26); applicant to pay respondent’s costs.
Civil procedure — Review of taxation of costs — Rule 72(26): 14‑day time limit runs from date of taxing officer’s decision, not date of service — Strict compliance with rules required — Failure to seek condonation renders application defective — Costs
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30 April 2025 |
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High Court may grant summary judgment for rei vindicatio despite pending labour dispute where defendant fails to show bona fide transfer of ownership.
Civil procedure — Summary judgment — Rei vindicatio for delivery of movable property — High Court jurisdiction notwithstanding parallel labour dispute — Bona fide defence required — Retrenchment agreement insufficient to confer ownership without completed sale
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29 April 2025 |
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Plaintiff's defamation pleadings lacked the precise defamatory statement and republication particulars; amendment ordered within seven days.
Defamation — failure to plead the precise defamatory statement and particulars of republication — cause of action — pleadings under r12(5)(d) — pre-exception notice r42(3) — timing of exception r37(3) — amendment of defective pleadings
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29 April 2025 |
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A CBA/statutory instrument cannot confer High Court jurisdiction to register and enforce a designated agent’s determination; only an Act can.
Labour law — Collective bargaining agreements — Statutory instrument — Jurisdiction to High Court — Registration/enforcement of designated agent determinations — s74, s80 Labour Act; s171 Constitution
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28 April 2025 |
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Revival granted where consent order provided an ascertainable method for calculating the outstanding matrimonial judgment debt.
Civil procedure – Revival of superannuated judgment – Requirements for revival: outstanding judgment debt, specification/ascertainability of amount, reasonable explanation for delay, and benefit to applicant – Consent order in matrimonial matter – informal indulgences do not vary court order absent formal amendment
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25 April 2025 |
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On divorce, indirect contributions count and farm improvements/equipment are matrimonial assets to be valued and equally shared.
Matrimonial property division; s 7 Matrimonial Causes Act; indirect/non-monetary contributions; valuation and apportionment of indivisible assets; buy-out and sale mechanism; encumbrance clearance and transfer orders
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25 April 2025 |
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Applicant declared lawful lessee of State service station; respondents unlawful occupiers ordered to vacate and evicted with costs.
Gazetted land – validity of leases – State land vs council authority – declaratur under s14 High Court Act – mootness and discretion to hear – unlawful occupier – nullity of lease signed by party without authority – improvement lien claim must be pursued against owner – eviction and sheriff enforcement.
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25 April 2025 |
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Whether the respondent must pay the applicant in USD or Mozambican meticais for her 50% share in Mozambican property.
Matrimonial property division – enforcement of ancillary relief – currency of payment for foreign immovable property – court cannot compel payment in foreign currency against obligor’s election; variation/compromise of judgment; Mozambican property valuation.
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25 April 2025 |
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High Court cannot grant declaratory relief to revisit issues already adjudicated by a competent magistrates' court; appeal or review required.
Civil procedure – declaratory relief under s14 High Court Act – limits where a competent inferior court has already adjudicated the right; issue estoppel and res judicata; absolution from instance does not permit circumvention of lower court judgment; statutory tenancy/eviction proceedings – proper remedy is appeal or review
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24 April 2025 |
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Whether the respondents wilfully disobeyed an eviction order, warranting committal and punitive costs.
Contempt of court — enforcement of eviction order — requisites for contempt: extant order, service, awareness, wilful and mala fide non‑compliance — non‑joinder of Minister — suspended committal sentence — punitive costs
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22 April 2025 |
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Court declared certain director appointments and filings invalid, restoring applicants’ directorships and invalidating respondents’ filings.
Company law – declaratory relief under s 14 High Court Act – validity of director appointments and resignations – C.R.6 filings – joinder of applicants under r 32(1)(a) and r 32(11) – preliminary objections to form and misjoinder – declarations nullifying corporate acts
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22 April 2025 |
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22 April 2025 |
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Plaintiff allocated the stand by her cooperative before an interdict, entitled to evict occupier lacking proof of title.
Property law – eviction – ownership through housing cooperative allocation – cooperative allocation predating ministerial interdict – effect of High Court interdict on subsequent allocations – evidential burden and credibility in proof of title
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17 April 2025 |
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17 April 2025 |
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Re-registration to “legitimize” a child born out of wedlock without parental marriage is ultra vires and void.
Births and Deaths Registration Act — registration of children born out of wedlock — s12 (initial registration) vs s19 (re-registration where parents marry) — ‘legitimation’ not recognised — re-registration ultra vires — administrative justice — declaratory relief
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17 April 2025 |
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Provisional stay granted preventing sale of attached movables pending interpretation of r69(5) and (6).
High Court Rules r69(5)(6) – execution – attachment of movable property despite immovable declared specially executable; interim interdict – prima facie right, irreparable harm, balance of convenience, no alternative remedy; provisional stay pending return date
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16 April 2025 |
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Court dismissed procedural challenges, condoned rule departures, and ordered merits hearing with costs in the cause.
Procedural law — High Court Rules — r 59(7) Form 24 — non-compliance with prescribed form; Affidavit commissioning — attachment of signed page; r 7(a) — court’s discretion to condone departures in interests of justice; preliminary points dismissed; matter set down for merits
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16 April 2025 |
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15 April 2025 |
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Existence of a subdivision permit validates the sale; purchaser performed, cancellation and resale void; punitive costs awarded.
Property law — Regional, Town and Country Planning Act s39/s40 — existence of subdivision permit at agreement stage; certificate of compliance pertains to transfer; purchase performance — payment to seller’s agents suffices; cancellation requires actual breach; transfers founded on a nullity are void; costs — legal practitioner and client scale for abusive litigation
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11 April 2025 |
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Leave to withdraw after set down granted, but applicant ordered to pay punitive legal practitioner and client costs for frivolous litigation.
Civil procedure — Withdrawal after set down — Leave of court or consent required; Costs — legal practitioner and client scale where proceedings are frivolous, vexatious or constitute abuse of process; Declaratory relief premised on unperformed contractual condition — unnecessary and groundless
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11 April 2025 |
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A constitutional challenge to non‑disclosure powers in procurement was struck off for failure to comply with constitutional litigation procedure and rules.
Constitutional litigation — procedural compliance — s85(1)(d) standing — High Court Rules r107 — r7 condonation — challenge to s3(6) Public Procurement Act — s315 procurement transparency — striking off for procedural non‑compliance
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11 April 2025 |
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11 April 2025 |
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Defendant liable for unpaid input advances; defendant's crop-loss counterclaim dismissed for lack of proof of breach, causation, and quantum.
Contract farming – breach of contract – repayment of input advances – sanctity of contract and contractual interest – estoppel from undertakings – claimant's duty to prove causation and quantum of agricultural loss; insufficiency of lay evidence and photographs
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10 April 2025 |
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Whether the applicant may amend its declaration to increase damages where no new cause arises and no unfair prejudice results.
Civil procedure – amendment of pleadings – whether amendment introduces new cause of action – prejudice to defence – delay and reasons (including COVID‑19 and settlement negotiations) – mala fides – substitution of declaration – no order as to costs
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10 April 2025 |
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9 April 2025 |
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Application removed from the roll for consolidation; third respondent ordered to pay wasted costs.
Civil procedure – Consolidation of related proceedings – Removal from roll pending consolidation – Related review and declaratur proceedings concerning same mining claims – Abuse of process and bad faith conduct – Wasted costs awarded.
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9 April 2025 |
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9 April 2025 |
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Applicant’s condonation for late rescission denied for inordinate delay, wilful default, and lack of prospects of success.
Commercial Court Rules – condonation for late rescission of default judgment – wilful default/deliberate inaction – prospects of success on merits – service of default judgment – conclusive proof certificate under contract clause – finality of litigation
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8 April 2025 |
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High Court lacks jurisdiction over labour grading disputes; declarators cannot be predicated on repealed statutory instruments.
Labour law — Jurisdiction of High Court — Labour disputes and grading matters reserved for Labour Court; Declarator — Reliance on repealed statutory instrument — Declarator only on continuing effects or accrued rights preserved by Interpretation Act; Corporate representation — Requirement to prove authority by resolution
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8 April 2025 |
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Applicants lacked standing and failed to exhaust statutory appeal; the declaratory application was a disguised review and was dismissed.
Administrative law — review v declarator — disguised review; Locus standi — requirement of a real right in property; Sales of immovable property — written and signed agreement required; Exhaustion of domestic remedies — appeal to Administrative Court under s 44 Regional, Town and Country Planning Act; Constitutional property rights — s 71 engagement requires vested real rights
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8 April 2025 |
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Rescission granted where judgment was served on a non‑appointed agent and applicant proved good and sufficient cause.
Civil procedure — Rescission of default judgment — Rule 27(1) High Court Rules — Good and sufficient cause: reasonableness of explanation for default, bona fides, prospects of success — Service on non-appointed attorney/agency and domicilium — Citation of wrong rule not necessarily fatal
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8 April 2025 |
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8 April 2025 |
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Court registered arbitral award, finding settlement negotiations privileged and no public policy bar to enforcement.
Arbitration — Registration of arbitral award under Article 35 — Requirements: competent arbitrator, award in money, extant, parties same, arbitrator’s certificate — Without‑prejudice privilege — Settlement negotiations inadmissible to prove compromise — Narrow scope of public policy under Article 36 to refuse enforcement
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4 April 2025 |
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4 April 2025 |
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An affidavit failing to disclose the commissioner of oaths' identity and capacity renders the application invalid and liable to be struck off the roll.
Civil procedure — Affidavit commissioning — Commissioner of oaths must be identified by name and capacity on the face of the affidavit — Failure to disclose vitiates affidavit — Application struck off the roll; costs awarded.
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4 April 2025 |
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A prior consent order for return of goods did not bar a later, distinct delictual claim for damages arising from alleged contamination and loss.
Civil procedure — Res judicata — requirement of same parties, subject matter and cause of action; Once‑for‑all rule — does not bar distinct delictual damages claim where damages were not previously sought; Stated case (Rule 52) — return of goods vs delict for contamination/loss.
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4 April 2025 |
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Long delay and intervening lawful transfers defeat a rei vindicatio where respondents hold registered title.
Property law – rei vindicatio – proof of ownership and unlawful dispossession – laches/delay – intervening transfers to innocent purchasers – effect of registered title deeds.
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4 April 2025 |
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3 April 2025 |
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Applicant must exhaust s 50(2) internal remedies before High Court appeal; interim interdict dismissed.
Mining law – internal remedies – s 50(2) notice of intention to cancel – specific provision overrides general s 361 appeal – ripeness of appeal – interim interdict pending appeal – alternative remedy under s 354 (injunction)
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1 April 2025 |
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Partial setting aside of an arbitral award cannot be re-arbitrated without court-ordered remittal; subsequent award registration dismissed.
Arbitration law — Finality of arbitral awards — res judicata and functus officio — Article 33 corrections and Article 34(4) remittal — jurisdiction to re-arbitrate partially set-aside awards — registration of arbitral awards
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1 April 2025 |
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Plaintiff failed to establish a prima facie professional negligence case; statutory re-denomination broke the causal link.
Civil procedure — absolution from the instance; Professional negligence — duty of care, standard, breach, causation; Evidence — need for formal mandate/documentary proof; Exchange control — SI 33 of 2019 statutory re-denomination as intervening cause; No case to answer where plaintiff fails to prove prima facie elements
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1 April 2025 |
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PECG Act does not apply to the autonomous PAAB; applicant’s PECG-based challenge dismissed with punitive costs.
Statutory interpretation – Public Entities Corporate Governance Act – "public entity" defined as entity "substantially controlled by the State" – 'includes' is non-exhaustive – PAAB autonomy under PA&A Act – limited ministerial approvals not "substantial control" – application lacking legal foundation – abuse of process – punitive costs
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1 April 2025 |