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Citation
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Judgment date
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| July 2022 |
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A live registered mark bars registration of confusingly similar marks despite intervening non-use by the proprietor.
Trade marks — lapse/non-use vs. registered rights — effect of an existing registered mark (172/99) — prohibition on registration of confusingly similar marks (s14(1)(a)) — Registrar's finding of prior goodwill upheld.
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29 July 2022 |
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High Court property distribution set aside and remitted for rehearing due to trustees' non-joinder (procedural gross irregularity).
Family law — Matrimonial property distribution (s 7 Matrimonial Causes Act) — Trust assets and company share acquisitions — Trust law — Joinder of trustees and interested parties — Non-joinder as gross irregularity — Supreme Court Act s 25 review powers.
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29 July 2022 |
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Court upheld piercing of the corporate veil in interpleader proceedings where the appellant was the company’s alter ego.
Company law – Separate legal personality – Piercing/lifting the corporate veil where fraud, dishonesty or manifest injustice exists – Companies Act s 318(1) – Interpleader proceedings may include consideration of veil-piercing – Alter ego doctrine – Execution/attachment of property in satisfaction of judgment.
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29 July 2022 |
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Waiver by conduct can override a non-variation clause; agent-company not liable; damages awarded on valuator's depreciated replacement cost.
Contract law – non-variation clause and waiver by conduct; agency and corporate veil – disclosed principal; assessment of credibility – limits of reliance on demeanour; valuation evidence – depreciated replacement cost admissible and capable of supporting damages; remedial amendment of trial court order on appeal.
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29 July 2022 |
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Occupier dismissed from employment had no right of retention; rei vindicatio and eviction upheld, appeal dismissed.
Property law — Actio rei vindicatio — Ownership and unlawful occupation; Employment-related occupation — right of retention; Compromise agreements — proof and denial; Appellate review — deference to trial court factual findings; Preliminary points in limine — scope on remittal.
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20 July 2022 |
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A conciliator’s misdescription and initial omission of claimants did not render arbitral proceedings void; matter remitted for rehearing.
Labour law – arbitration – misdescription of party in conciliator’s reference – miscitation amendable where real party identifiable; arbitral procedure – joiner of multiple claimants – arbitrator’s discretion and terms of reference; nullity – wrongful nullification by court; reinstatement v. damages not decided.
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14 July 2022 |
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An offer letter does not permit self-help occupation; spoliation restores prior peaceful possession.
Property law – Spoliation (mandament van spolie) – peaceful and undisturbed possession – unlawful dispossession – offer letters and gazetted/acquired land – no self-help – Gazetted Land (Consequential Provisions) Act – restoration of status quo ante.
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8 July 2022 |