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Citation
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Judgment date
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| June 2023 |
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Judicial attachment and a completed sale in execution prevail over subsequent liquidation; sale held perfecta despite pending registration.
Civil procedure; execution and liquidation — judicial attachment (pignus judiciale) vests real rights in judgement creditor; sale in execution perfecta despite pending Deeds Registry transfer; registration prima facie only; Companies Act s213 and High Court Rule 352 (notice) considered
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30 June 2023 |
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Registered subdivision permit and title vested road servitude in the respondent, negating the appellant’s challenge to road construction.
Property law – subdivision permit and clause reserving stand for road purposes – Deed of Transfer confirming vesting – road servitude/municipal ownership – registered title enforceable against the world – administrative review; ownership dispositive
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30 June 2023 |
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No legitimate expectation or contractual right arose absent privity; eviction upheld and appeal dismissed with costs.
Land law — eviction — lease granted by owner — validity and presumption of government documents — legitimate expectation requires privity or direct entitlement — unlawful occupation — matter suitable for disposal on papers
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30 June 2023 |
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Application for condonation to note appeal dismissed; applicant lacked reasonable prospects on trade-union representation scope.
Civil procedure — condonation for late noting of appeal — delay, explanation, prospects of success and prejudice; Labour law — trade-union representation scope — employees' right to join and be represented by unions
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26 June 2023 |
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Whether arbitration terms of reference limited the arbitrator’s jurisdiction and whether objections were waived by failure to object.
Labour law – arbitration – terms of reference (Form LR4) – scope of arbitrator’s jurisdiction – signature and waiver of objections – distinction between appeal grounds and review grounds – lawfulness of termination of fixed-term contract
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13 June 2023 |
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A mandamus requires a clear statutory duty; s106(3) does not obligate the minister or attorney‑general to initiate the legislation.
Constitutional mandamus — requirement of a clear substantive right — s106(3) (code of conduct) does not impose duty to initiate legislation — assignment of functions (statutory instruments) and repeal — absence of statutory basis defeats mandamus
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6 June 2023 |