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Citation
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Judgment date
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| October 2025 |
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Validity of a subsequent customary marriage and equal pension division between surviving spouse and surviving civil partner.
Marriage law – monogamous civil marriage – nullity of subsequent customary marriage; Civil partnerships (s 41 Marriages Act) – rights on dissolution include death; Administration of Estates – pension distribution between surviving spouse and surviving civil partner; Proviso to s 68(3) – remains applicable for estate administration.
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31 October 2025 |
| September 2025 |
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Whether a purchaser who financed and bought equipment retains ownership despite oral arrangements and delivery to another corporate entity.
Property law – Ownership of movable property – Declaratory relief under s14 High Court Act – Oral business arrangements and corporate identity – Delivery/bill of lading insufficient to transfer title absent contribution or corporate act – Spoliation context.
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25 September 2025 |
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Applicant’s late application for condonation and leave to appeal dismissed for lack of prospects and procedural non‑compliance.
Criminal procedure — Condonation for late noting of appeal — Rule 94(5) High Court Rules — leave to appeal to Supreme Court — assessment of prospects of success — rape and kidnapping — evaluation of evidence and sentence appropriateness.
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25 September 2025 |
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Applicants lacked locus standi to challenge national church elections; internal church procedures should be exhausted first.
Church law – Locus standi – Membership under church constitution – Local churches, not individual members, are the association’s members and voters; individuals must act through local churches.
Ecclesiastical disputes – Judicial deference – Courts to avoid intervening in internal church matters absent clear breach, fraud, arbitrariness or exhaustion of internal remedies.
Civil procedure – Points in limine – Effect of material disputes of fact (quorum, voting, ballot papers) requiring trial if merits are to be decided.
Organizational law – Internal remedies and extraordinary meetings – Local churches may requisition Extra Ordinary National Assembly to address contested elections.
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22 September 2025 |
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Appeal against bail refusal dismissed; magistrate reasonably found risk of interference and public danger.
Criminal procedure — Bail pending trial — Judicial discretion on bail — Risk of interference with witnesses and investigations — Effect of accused’s previous convictions and pending matters — Consideration of alternative bail conditions — Constitutional right to unconditional release (s.50(1)(d)).
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18 September 2025 |
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Condonation denied: no procedural irregularity where accused was advised of right to call witnesses and explanation for delay was unreasonable.
Criminal procedure — Condonation for late review application; alleged failure to explain right to call witnesses; availability and non-use of exculpatory witness statement; review for procedural irregularity; form and timing of opposing papers in chamber applications.
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9 September 2025 |
| August 2025 |
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Court relaxed procedural rules and granted leave to appeal where conviction appeared unsafe and complainant recanted.
Criminal procedure – leave to appeal – condonation of late noting of appeal – reinstatement of struck-off application – relaxation of procedural rules in the interests of justice – recanted complainant evidence – suggestion of unsafe conviction.
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19 August 2025 |
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Condonation and leave to appeal in person denied where appeal had no realistic prospects and delay was inordinate.
Criminal procedure — Condonation for late noting of appeal — Prospects of success on appeal — Sexual offences — Legal (slight) penetration supported by medical evidence — Alleged fabrication and accomplice evidence — Finality of litigation — Sentence not shocking.
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13 August 2025 |
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Refund of deposit ordered; damages and improvement claims dismissed; purchaser entitled to eviction and costs.
Contract law – deposit and failed sale – entitlement to refund of deposit; interest refused where tender/refund previously rejected; damages – remoteness and lack of proof; restitution for improvements – failure to produce invoices/valuations; eviction – purchaser with title entitled to possession; costs awarded to successful purchaser.
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8 August 2025 |
| July 2025 |
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Applicant’s condonation and leave to appeal in person dismissed for lack of reasonable prospects to succeed on a sentence-only appeal.
Criminal procedure — Condonation for late noting of appeal — Prospects of success threshold before single judge — Appeal against sentence — Repeat offender — Plea of guilty and duress irrelevant where conviction not appealed.
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29 July 2025 |
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Applicant’s post-remittal amendments denied: remittal required determination from existing record, not reopening pleadings.
Civil procedure – interpretation of appellate remittal – "hear and determine" does not necessarily authorise rehearing or reopening pleadings; amendment of pleadings after trial and appellate remittal – not allowed where it would introduce new causes of action and prejudice parties; costs – punitive costs not awarded for honest misinterpretation.
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28 July 2025 |
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Bail granted where State failed to show a prima facie strong case; seriousness of offence alone insufficient to deny bail.
Criminal procedure – Bail pending trial – Seriousness of offence insufficient alone to deny bail – Prosecution must show prima facie strength of case with evidential material to justify refusal – Risk of abscondment requires substantiation – Attempted murder allegations.
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24 July 2025 |
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Court applied s7 factors to equitably divide marital assets, awarding the home to the respondent and the school to the applicant.
Matrimonial Causes Act s7 — division of assets — s7(4) factors — recognition of direct and indirect contributions — equitable apportionment — jurisdiction to deal with foreign immovable property — practical transfer directions.
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23 July 2025 |
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Applicant’s lengthy unexplained delay and unmeritorious new grounds led to dismissal of extension, condonation and leave to appeal.
Criminal law — appeal process — extension of time and condonation for leave to appeal — prospects of success; Judicial conduct — trial magistrate’s interventions — whether irregularity vitiated trial; Sentence review — whether effective 14-year sentence excessive.
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18 July 2025 |
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A local authority cannot obtain a defamation-based interdict that would muzzle public criticism; freedom of expression prevails.
Defamation; public bodies/state organs; freedom of expression; interlocutory and final interdicts; injurious falsehood/economic loss remedies; public policy; locus standi; non-joinder.
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18 July 2025 |
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A syndicate member obtained an interdict preventing third parties occupying and acting at the mine without shareholder consent.
Mining syndicate — Final interdict — Shareholder rights versus unilateral acts of a syndicate member — Non-joinder not fatal where disputes are immaterial — s 61(2) Mines and Minerals Act — Irreparable harm and absence of alternative remedy.
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18 July 2025 |
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Leave to appeal struck off for lack of condonation and no prospects of success on appeal.
Criminal law – rape – consent – appellate procedure – leave to appeal – condonation for late noting of appeal – prospects of success – striking off application.
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8 July 2025 |
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Leave to appeal declined for inordinate delay, failure to seek condonation, and non-probative alleged new evidence.
Criminal procedure — leave to appeal to Supreme Court — inordinate delay and failure to seek condonation — alleged new evidence must be material and probative — identity of recovered property — prospects of success.
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4 July 2025 |
| June 2025 |
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Bail pending appeal refused despite procedural error on plea‑change; appeal may only secure remittal for trial de novo.
Criminal procedure – Bail pending appeal – s 123(1)(b)(ii); Change of plea – s 272 – duty to inquire into allegations of inducement/coercion; Admissions of fact – ss 314 and 252; Expert evidence – not required where possession admitted; Mandatory minimum sentence – special circumstances; Remittal for trial de novo; Risk of abscondment.
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24 June 2025 |
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Accused's deliberate fatal head assault and sexual ravaging established intent and aggravating circumstances; convicted and sentenced to life.
Criminal law – Murder – intent established by multiple blows to the head – sexual assault – aggravating circumstances (s 47(2)(ii)) – sentence: life imprisonment.
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19 June 2025 |
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The applicant recovered US$37,000 from defendants who connived to misrepresent executor authority in an estate sale.
[Property fraud] Sale of estate land by false representation; [Accomplice liability] participation and endorsement of fraudulent executor appointment; [Remedies] restitution of purchase price, interest and punitive costs.
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13 June 2025 |
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Rescission refused: explanation for default implausible and no bona fide meritorious defence; prior judgment not erroneously granted.
Civil procedure – High Court Rules r 27 (rescission of default judgment) – requirements: reasonable explanation, bona fides, meritorious defence; r 29(1)(a) (erroneously sought/granted) limited to inadvertent judicial error – attack on findings amounts to appeal grounds; gross negligence/willful default negates rescission.
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11 June 2025 |
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Appellate court dismissed challenge to rape conviction, upholding trial court’s credibility findings and timeous, corroborated complaint.
Criminal law – Rape – Sexual complaint: voluntariness and timeousness – Corroboration by physical evidence – Appellate review: deference to trial court credibility findings unless irrational or vitiated by misdirection – Acquittal on some counts due to delay/alibi.
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5 June 2025 |
| May 2025 |
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29 May 2025 |
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27 May 2025 |
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Court refused condonation and denied leave to proceed pro se due to inordinate delay, defective grounds and poor prospects.
Appeal — Condonation for late noting of appeal — Length and cause of delay — Prospects of success — Defective notice and grounds of appeal — Leave to prosecute appeal in person (pro se) — Trial court credibility findings in child sexual offence cases ordinarily not disturbed.
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27 May 2025 |
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21 May 2025 |
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19 May 2025 |
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2 May 2025 |
| March 2025 |
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5 March 2025 |
| February 2025 |
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3 February 2025 |
| January 2025 |
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Applicant cannot obtain declaration of ownership over property held in a deceased estate without suing the estate or joining the executor.
Deceased estates; declaratory relief; ownership claims over property in a deceased estate; necessity to sue/join the executor; challenge to title; failure to join alleged wrongdoer.
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26 January 2025 |