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Recent Judgments

Results. found.

National newspaper imputing corruption to the applicant was defamatory; fair‑comment defence failed for lack of verified supporting facts.
  • Tort
    • — Defamation — Publication of statements imputing corruption and incompetence to a public official
    • — Defence of Fair Comment — Requirement that comment be opinion, based on proved facts, on matter of public interest, and not actuated by malice
    • — Malice and Verification — Failure to verify serious allegations and absence of evidential support undermines defences
30 June 2026
A petition is the proper mode to challenge an alleged unconstitutional presidential appointment; preliminary dismissal was refused.
  • Constitutional Law
    • — Mode of Commencement — Petition as proper process to challenge acts or decisions under Article 128(3) of the Constitution
    • — Judicial Review — Challenges to Presidential appointments — Limits of procedural rules versus constitutional right to petition
  • Civil Procedure — Preliminary Issues — When substantive merit questions cannot be decided at preliminary stage
30 June 2026
Leave to appeal does not excuse late filing; failure to secure further leave renders the appeal incompetent.
  • Civil Procedure — Appeals — Filing Time Limits and Leave to Appeal Out of Time — Effect of failure to file within prescribed period
29 June 2026
Whether a collective‑agreement gratuity can ground retention on payroll under Article 189 and the Employment Code.
  • Civil Procedure — Stay of Execution — Criteria for granting a stay pending appeal — Order 10 r 5, Court of Appeal Rules, 2016
  • Employment Law — Collective Agreements — Retention on payroll for gratuity — Interpretation of "in accordance with the current law" and interplay with Article 189 and s 73 Employment Code Act No. 3 of 2019
29 June 2026
26 June 2026
Court granted leave to apply for stay of execution out of time, reversing the single judge's refusal.
  • Civil Procedure
    • — Appeals — Stay of Execution Pending Appeal — Leave to Apply Out of Time
    • — Extension of Time — Delay Attributable to Counsel — Generally Not a Sufficient Excuse
    • — Court of Appeal Discretion — Section 9(b) Court of Appeal Act; Order 13 Court of Appeal Rules
26 June 2026
Stay of execution denied: applicant failed to show appeal prospects and special circumstances to justify halting pension assessment payment.
  • Civil Procedure — Stay of Execution — Requirements: appeal prospects and special/compelling circumstances — Order X r4(5) Court of Appeal Rules
  • Pension Law — Assessment of Benefits — Application of Supreme Court directions and appropriate actuarial valuation method
26 June 2026
A Certificate of Title may be cancelled for fraud only where the party alleging fraud proves it clearly and strictly.
  • Land Law — Title and Registration — Cancellation of Certificate of Title for Fraud or Impropriety — Burden and Standard of Proof under Lands and Deeds Registry Act ss 33–34
  • Civil Procedure — Evidence and Pleadings — Failure to Prosecute Counter‑Claim and Absence of Evidence — Court Cannot Cancel Title Without Clear Proof
26 June 2026
High Court wrongly dismissed an Article 28(1) Bill of Rights petition; appeal allowed and matter remitted.
  • Constitutional Law — Bill of Rights — Article 28(1) — Competence of petitions challenging alleged rights infringements
  • Civil Procedure — Jurisdiction and Procedure — Sua sponte determination at scheduling conference — Requirement to invite parties to address competence
  • Electoral Law — Forum — Distinction between nomination challenges under the Electoral Process Act and constitutional petitions under Article 28(1)
26 June 2026
Sale of estate property without prior court authority is void; purchaser entitled to restitution and interest, not damages.
  • Succession Law — Sale of Estate Property — Requirement of Prior Court Authority under Intestate Succession Act s 19(2) — Void ab initio
  • Equity — Unjust Enrichment — Restitution of Monies Paid Under A Void Contract
  • Contract Law — Damages — Inapplicability Where Contract Is Void Ab Initio; Interest as Appropriate Remedy
26 June 2026
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Recent Legislation

Results. found.

Act 18 of 1980 1 January 9999
Act 77 of 2026 12 June 2026
Act 76 of 2026 12 June 2026
Act 75 of 2026 12 June 2026
Uncommenced
Act 13 of 2026 12 June 2026
Act 71 of 2026 12 June 2026
Uncommenced
Act 23 of 2026 12 June 2026
Uncommenced
Act 36 of 2026 12 June 2026
Uncommenced
Act 34 of 2026 12 June 2026
Uncommenced
Act 29 of 2026 12 June 2026
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