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Citation
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Judgment date
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| October 2013 |
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An order setting aside the applicant’s suspension renders subsequent disciplinary verdicts and dismissal void.
Labour law – suspension pending disciplinary inquiry – requirements of reg 6 (Labour (National Employment Code of Conduct) Regulations) – effect of court order setting aside suspension on subsequent disciplinary proceedings – default judgment and potential rescission under Labour Act.
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30 October 2013 |
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A commitment/goodwill fee for commercial premises is prohibited by the Rent Regulations and is recoverable by the lessee.
Commercial premises – Rent Regulations s 19 prohibition of bonuses/premiums/commitment fees – s 21 recovery of payments made in contravention – s 32 criminal sanction – s 34 refund powers – s 20 security deposit exception – joint and several liability; procedural preclusion of unraised issues.
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13 October 2013 |
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Summary judgment set aside where defendant raised a plausible defence that it was not liable for a pre-existing debt.
Civil procedure – summary judgment – bona fide defence and mere possibility of success – pleading of cause of action against successor firm – whether practitioner’s letter amounts to admission – liability of successor partnership.
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13 October 2013 |
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A bank remains liable to repay a customer's account credit despite complying with an ultra vires RBZ directive; such directives do not excuse performance.
Banking law – deposits become bank property and create a debtor–creditor obligation to repay on demand; unlawful ministerial directives (ultra vires) do not constitute vis maior/casus fortuitus and do not discharge contractual liability; self-created impossibility does not excuse performance.
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10 October 2013 |
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Whether the appellant’s appeal was competent where the High Court refused urgent relief and ruled on jurisdiction.
Civil procedure — Appealability — whether High Court’s refusal to entertain urgent application is interlocutory or final — jurisdiction — requirement to exhaust Labour Court remedies — competence of relief — leave to appeal.
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2 October 2013 |