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Citation
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Judgment date
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| November 2021 |
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Accused convicted of murdering a toddler based on medical and circumstantial evidence and sentenced to 25 years imprisonment.
Criminal law – Murder of infant – Medical evidence of strangulation and head injury – Circumstantial evidence – Inference of guilt where alternatives reasonably excluded – Competency of witness with intellectual disability – Sentencing: aggravation and mitigation.
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12 November 2021 |
| October 2021 |
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Court ordered the Provincial Mining Director to investigate mining-boundary disputes pending a rescission application.
Mining disputes; suspension of default judgment pending rescission; in loco inspection; Provincial Mining Director investigation; boundary disputes between miner and farmer.
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28 October 2021 |
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Whether the State proved beyond reasonable doubt that the accused pushed the deceased into the canal causing drowning.
Criminal law – Murder – Burden of proof beyond reasonable doubt – Credibility of eyewitness – Inconsistencies and omissions in witness statement – Lack of motive – Reasonable doubt (R v Difford) – Acquittal.
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22 October 2021 |
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Bail pending appeal granted where low flight risk and arguable irregularity under s 271(2)(b) outweighed other factors.
Criminal procedure — Bail pending appeal — Applicants convicted under s 368(2) Mines and Minerals Act — Prospects of success; s 271(2)(b) duty to explain charge and essential elements; flight risk; mandatory sentence and gravity of offence.
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14 October 2021 |
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Dispute over intestate estate administration, trust purchase and claimant status referred to trial due to material disputes of fact.
Succession — deceased estates — citation of executrix in representative capacity; Trusts — locus standi under High Court Rules to sue or be sued; Civil procedure — material disputes of fact requiring referral to trial
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13 October 2021 |
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Applicant granted urgent interdict to protect registered mining claim against alleged encroachment by the first respondent.
Urgent interdict — mining claim dispute — prima facie right, irreparable harm and balance of convenience satisfied — encroachment/boundary dispute; Mines and Minerals Act ss345–346 (referral to Mining Commissioner) considered.
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13 October 2021 |
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Time lapse, co-accused statements and alleged officer falsehoods did not constitute changed circumstances to grant bail.
Bail pending trial — changed circumstances under s117A(c)(ii) — passage of time/COVID delays — warned and cautioned statements of co-accused — identification parade pending — credibility of investigating officer.
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13 October 2021 |
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Alleged verbal subletting of State‑allocated land without ministerial consent is void; eviction ordered.
Land law – Offer letter and statutory prohibition on cession/subletting – Section 28 Lands Commission Act – Alleged verbal sublet void ab initio; Civil procedure – real dispute of fact on affidavit – Plascon‑Evans approach; Eviction remedy; Costs ordinary scale.
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1 October 2021 |
| September 2021 |
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A single credible eyewitness’s consistent account can establish a prima facie murder case; discharge application dismissed.
Criminal procedure — s 198(3) discharge at close of prosecution case — sufficiency of evidence — murder — single eyewitness credibility — prima facie case.
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27 September 2021 |
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Applicant failed to prove the alleged railway servitude; final interdict dismissed.
Property law — servitude — burden of proof; final interdict — requirement of clear right; necessity to produce deed or municipal scheme; disputes as to parcel identification and extent of restricted use; costs
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22 September 2021 |
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Applicant entitled to spoliation relief; trial court misdirected by relying on Mines and Minerals Act instead of spoliation law.
Property law — Spoliation (mandament van spolie) — Requirements: peaceful undisturbed possession, despoilment without consent or due process — Mines and Minerals Act s179 not a substitute for spoliation remedy — Inadequate opposing affidavits may justify restorative interim relief.
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22 September 2021 |
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Interim interdict confirmed and eviction set aside where respondent's title documents were irregular and completed in contempt of a court order.
Property — Eviction — Validity of cession/cession forms completed after an extant prohibitory court order — Interim interdict — Typographical error in founding affidavit does not defeat identity where substantive requirements for interdict are met.
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22 September 2021 |
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Court upheld 15-month sentence against the applicant for breaching a protection order causing serious injury.
Domestic Violence Act s10(7) – breach of protection order – admissibility and consistency of multiple medico-legal reports – sentencing discretion – repeat offender – custodial versus non-custodial sentences.
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22 September 2021 |
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Sentence appeals dismissed: no misdirection and custodial sentences appropriate given gang violence and community harm.
Criminal law – appeal against sentence – standard of appellate interference – misdirection test; robbery and theft involving gang conduct, violence and community harm; community service inappropriate.
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10 September 2021 |
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Applicant failed to prove a prima facie right or irreparable harm to justify urgent interdict against a validly registered mining claim.
Urgent interdict — mining claim registration — communal land and village head consultation — necessity of proving prima facie right, irreparable harm and balance of convenience — relevance of mining authority registration and survey documentation — environmental impact certificate allegations.
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10 September 2021 |
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Interim interdict granted to protect a registered mining claim where applicants showed prima facie right, irreparable harm, and balance of convenience.
Mining law — urgent interim interdict to protect registered mining claim — prima facie right, irreparable harm, balance of convenience — police complaint not prerequisite — limits on ordering administrative enforcement.
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9 September 2021 |
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Co-accused should be treated equally; no rational basis existed to deny bail despite serious charges and mandatory minimum sentence.
Bail application – Postal and Telecommunications Act s89(1)(a) (damage/theft of telecoms lines) – mandatory minimum sentence – risk of abscondment – treatment of co-accused – conditions of bail.
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6 September 2021 |
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Court found unjust enrichment; awarded plaintiff 30% of the house, one vehicle, ten of 25 cattle and various household assets.
Unjust enrichment – unregistered customary law union – proof of direct and indirect contributions – division of movables and immovables – valuation where competing reports exist – stock register failure as evidential inference.
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3 September 2021 |
| August 2021 |
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Bail refused due to risk of abscondment given serious highway robbery charges and a fairly strong State case.
Bail — refusal — s 50(1)(d) Constitution and s 117 CPEA — risk of abscondment — serious highway robbery — strength of State case — vehicle identification — accomplice evidence — alleged admissions — firearm possession — possible witness intimidation.
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31 August 2021 |
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Executor failed to prove invalidity of sale and transfer; application to set aside transfer dismissed with costs.
Immovable property — Affidavit of sale — Essential elements of contract of sale — Proof on balance of probabilities — Magistrate’s declaratur beyond power — Possession and improvements as evidentiary weight in ownership disputes — Procedure: condonation of commissioning defects (rule 4C)
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27 August 2021 |
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Late filing of heads under Rule 238 bars respondent; court exercised Rule 4C to set aside the applicant’s transfer.
Administrative law — Police transfers — Procedural fairness — Rule 238(2a) late filing of heads bars respondent — Court’s discretion under Rule 4C to grant default judgment — COVID-19 delay not absolving automatic bar.
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27 August 2021 |
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High Court removed an improper declaratory instalment of village head but upheld an interdict against meeting disruptions.
Traditional Leaders Act — appointment of village head requires nomination by headman, chief's written approval and Secretary's appointment; Interdict/peace order — requirement to prove clear right and relief to prevent disruption of meetings; Magistrates' court — cannot grant implicit declaratur appointing village head; High Court appellate powers to vary and substitute orders under s 31(1).
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26 August 2021 |
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An undated certificate of urgency that predates its founding affidavit renders an urgent chamber application fatally defective.
Urgent chamber application — Certificate of urgency — must state date urgency arose and be based on founding affidavit — certifying legal practitioner must apply own mind — undated/pre-dating certificate fatal — dismissal.
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5 August 2021 |
| June 2021 |
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An order to deliver goods cannot be converted into monetary execution; collateral warrant attaching values and seizure was invalid.
Execution law – ad factum praestandum v ad pecuniam solvendam – invalid collateral warrant – attachment by messenger of court – interdict to release attached property.
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21 June 2021 |
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Human rights and fundamental freedoms - right to a fair trial- right to legal representation Sentencing – interpretation of sections 70 and 80(1)(c) of the Criminal Law (Codification and Reform) Act - minimum mandatory sentence of not less than ten years for engaging in sexual intercourse with a young person and exposing them to the risk of HIV transmission
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16 June 2021 |
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Single credible eyewitness and post‑mortem evidence established murder with constructive intent; accused sentenced to 12 years.
Criminal law – Murder – Constructive intent (dolus eventualis) – Single credible eyewitness sufficient under s 269 CPEA – Post‑mortem corroboration of stab wound – Voluntary intoxication mitigatory not vitiating mens rea – Self‑defence and accident rejected.
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15 June 2021 |
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A magistrate’s resignation leaving partly heard criminal trials renders proceedings null, necessitating trial de novo.
Criminal procedure — Magistrate resignation/retirement/incapacity — Partly heard proceedings become nullity — Trial de novo required — Sections 180(6) & 334(7) CPE Act — High Court's supervisory role.
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10 June 2021 |
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Proceedings must be stayed after a party’s death until an executor is appointed; magistrate’s interdict set aside and matter remitted.
Civil procedure – interdicts – Magistrates Court jurisdiction – statutory monetary limits (SI 126/2019) – death of a party – Order 4 Rule 3 stay pending appointment of executor – agent’s mandate terminates on principal’s death – withdrawal and continuation of proceedings invalid – remit for rehearing
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9 June 2021 |
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Deferment of exam results without following HEXCO procedures and without prompt reasons breached applicants' administrative rights and legitimate expectation.
Administrative law — Section 68 Constitution & Administrative Justice Act — legitimate expectation to examination results — failure to follow HEXCO rules and procedures — unlawful deferment of results.
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9 June 2021 |
| May 2021 |
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Spoliation order set aside: applicant failed to prove unlawful dispossession; lis pendens and minor procedural defects non‑dispositive.
Civil procedure — mandament van spolie — applicant must prove peaceful and undisturbed possession and unlawful dispossession; lis pendens — same cause of action may warrant stay; procedural irregularities in notice of appeal not necessarily fatal
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26 May 2021 |
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Expired leases entitled the respondent to possession; tacit relocation and unproven third‑party payments did not avert eviction.
Eviction — Expiry of lease — Common law entitlement to possession upon lapse of lease; Tacit relocation — implied re‑letting requires lessor’s conduct permitting occupation and accepting rent; Rent Regulations (S.I.1676/1983) inapplicable; Proof of arrear rentals and proof of payment (including third‑party/foreign currency transfers)
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19 May 2021 |
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Court balanced youth and mitigation against severe force and flight, imposing 4 years (2 suspended), effective 2 years, for culpable homicide.
Criminal law – Culpable homicide – Sentencing – Youthful first offender; plea of guilty and pre-trial incarceration as mitigation; deceased intoxicated and aggressor; severity of force and flight as aggravation – Rehabilitation emphasised.
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10 May 2021 |
| April 2021 |
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Bail refused where eyewitness ID, prior bail breaches, nomadic lifestyle and multiple murder charges raised real flight and danger risks.
Criminal procedure — Bail — Constitutional entitlement subject to compelling reasons for refusal — Risk of abscondment and likelihood of committing further offences — Previous failure to comply with bail and outstanding warrant — Eyewitness identification at bail stage.
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29 April 2021 |
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Applicants’ challenge to pension benefit reductions struck off for miscitation of trustees instead of the registered pension fund.
Pension law – Registered pension fund is a body corporate and must be sued in its corporate name; miscitation/misjoinder of trustees or employer is fatal; Rule 4C cannot be used to cure improper citation where no legal basis exists to sue individuals; application struck off the roll.
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23 April 2021 |
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Delay and lack of promptness defeated an application for urgent interim suspension of mining operations.
Civil procedure – urgent application – urgency test – deliberate or careless delay defeats urgency (Kuvarega); COVID‑19 not an automatic excuse for delay; interim interdicts against mining operations.
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23 April 2021 |
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Court confirmed robbery sentence with knife use as not manifestly lenient, finding sentencing balance appropriate.
Criminal review – Sentencing – Robbery with weapon (knife) – Manifestly lenient sentence – Consideration of aggravating (premeditation, weapon, victim vulnerability) and mitigating factors – Restitution and partially suspended sentence appropriate.
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7 April 2021 |
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High Court refused premature review of an unfinished magistrates' trial where applicants elected to proceed and magistrate's stay was incompetent.
Criminal review — intervention in uncompleted magistrates' proceedings — right to legal representation — competence of magistrate to stay own proceedings — improper use of Order 33 (civil motion procedure) — requirement of concurrence under s 29.
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1 April 2021 |
| March 2021 |
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Court confirms sentences generally but amends restitution-conditioned suspension to specify apportionment between two complainants.
Sentencing — formal sufficiency of sentence wording (fine vs. other monetary orders); Sentencing — clarity and apportionment of suspended terms conditioned on restitution to multiple complainants; Sentencing — appropriateness of community service and suspended terms for youthful first offenders convicted of robbery.
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31 March 2021 |
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Completion of investigations and co-accused bail do not override flight risk and strong evidence justifying refusal of bail.
Criminal procedure — Bail — Section 116(c) proviso (ii) — New facts requirement for subsequent bail applications — Completion of investigations does not automatically entitle accused to bail — Flight risk and use of false identity — Principle of equal treatment versus differentiation based on objective criteria — Preliminary assessment of strength of prosecution case in bail proceedings.
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30 March 2021 |
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Magistrate erred by granting broad interdicts based on a vague, untranslated chief’s ruling and incorrect procedure.
Customary law/local courts – chiefs’ jurisdiction to adjudicate land disputes (not allocation) – local court judgments must be sufficiently detailed and translated – procedural requirements for registration, appeal or review of local court judgments – improper enlargement of relief by magistrate – requirements for interdict/binding-over orders
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10 March 2021 |
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The appellants' convictions for stock theft upheld; sentences reconfigured to run concurrently, yielding an 18-year effective term.
Criminal law – Stock theft – Tracing stolen movables through buyers’ invoices and clearance certificates – Formal admissions under s314 CPEA – Cautionary rule for suspect witnesses – Evaluation of documentary and corroborative oral evidence – Sentencing: concurrent vs consecutive terms.
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10 March 2021 |
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Death of employee ended right to occupy employer housing; widow, not party to lease, cannot resist eviction.
Property law — employer-provided staff housing — allocation tied to employment — death of employee terminates occupancy where recall on death agreed — privity of contract — no need to cite deceased's estate in eviction proceedings — monetary claims do not justify continued occupation.
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4 March 2021 |
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Rescission requires absence of wilful default and good prospects; failure to prove absence defeats rescission.
Civil procedure — Rescission of default judgment — Order 30 Rule 2(1) Magistrates Court (Civil) Rules 2019 — Requirements conjunctive: no wilful default and good prospects of success — Applicant in wilful default — No credible proof of reversal of sale or repayment — Rescission refused.
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4 March 2021 |
| February 2021 |
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Bail pending appeal refused where appeal lacked prospects and prosecution evidence was credible and corroborative.
Criminal procedure - Bail pending appeal - Onus on convicted applicant to show on balance of probabilities that bail is in interests of justice - Key considerations: prospects of success on appeal and risk of abscondment; credibility and corroboration of search and recovery evidence; mandatory sentence offence.
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26 February 2021 |
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Applicant's challenge to termination barred by res judicata due to prior Labour Court determination; claim dismissed with costs.
Res judicata — previous Labour Court determination on same parties and subject matter bars fresh High Court claim regarding fixed-term employment and reinstatement; jurisdiction and appeal route under Labour Court Rules.
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22 February 2021 |
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Whether the plaintiff is the registered owner and responsible authority of the church-owned school (5th defendant).
Property / Church property – ownership of church-owned school – whether plaintiff is registered owner and responsible authority; evidentiary reliance on church constitutions, historical documents, ED16 and Ministry letter; balance of probabilities; religious disputes and court intervention; costs (ordinary scale).
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12 February 2021 |
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Joinder refused where applicants failed to show a direct, substantial interest or necessity for inclusion in pending proceedings.
Civil procedure — Joinder of parties — Requirement to show direct and substantial interest or necessity for resolution — High Court Rules Order 13/Rule 85 — Discretionary relief — Insufficiency of familial relationship and general ministerial correspondence
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5 February 2021 |
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Applicant failed to prove existence of alleged unaccounted estate assets; court refused to compel Master or executor to act.
Administration of estates — supplementary account — Master’s discretion and limits — executor’s duty to verify and recover assets — requirement of proof of existence/ownership — potential liability under s39 Administration of Estates Act.
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5 February 2021 |
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Applicant’s claim to ownership and repossession was time-barred; prescription commenced by 30 November 2016.
Prescription — Prescription Act ss 2 and 16 — commencement of prescription when creditor aware (actual or constructive) of facts giving rise to claim — acknowledgement and knowledge (Annexure C) — political/administrative interventions do not revive prescription — claim time-barred.
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5 February 2021 |
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Applicant charged with murder and attempted murder denied bail due to flight risk and need for psychiatric assessment.
Bail pending trial – Murder and attempted murder – Risk of abscondment assessed by nature/gravity of offences, strength of State case and likely penalty – Applicant’s failure to provide a defence – Suicide attempt as indicium of flight risk – Need for psychiatric examination while in custody.
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4 February 2021 |