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| July 2025 |
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A former employee occupying land lacks locus standi to seek rescission of an eviction default judgment absent proprietary rights.
Civil procedure – Rescission of default judgment – Eviction proceedings – Locus standi – Direct and substantial interest required to challenge eviction – Mere employee occupation does not confer proprietary rights
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2 July 2025 |
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A unilateral letter is not a contract; the respondent's admissions bind it and the interest-usury question requires evidence.
Civil procedure – stated case under r 52(7) – incompetence where contradicts judicial admissions; Contract law – letter v contract – unilateral letter not necessarily a binding contract; Privity/standing – admissions in pleadings bind party; Interest law – alleged usury requires evidential proof before court can declare rate unlawful
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2 July 2025 |
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Non‑joinder of occupants facing eviction and demolition is fatal; the application was struck off the roll and costs awarded.
Civil procedure — Joinder/non‑joinder — High Court Rules r 32(11)–(12) — Necessary party must have direct and substantial interest; Eviction and demolition — s 74 Constitution — affected occupants must be heard — Non‑joinder fatal — Application struck off the roll
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1 July 2025 |
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1 July 2025 |
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1 July 2025 |
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A plaintiff may plead annulment and divorce alternatively; an exception to such amended summons was dismissed.
Matrimonial law – Pleading annulment and divorce alternatively – Consent order to amend pleadings – res judicata – Exception under High Court Rules (rule 68) – Amendment and new cause of action
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1 July 2025 |