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Citation
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Judgment date
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| December 2014 |
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29 December 2014 |
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22 December 2014 |
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21 December 2014 |
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21 December 2014 |
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Certificate of Title is conclusive; owner entitled to eviction, demolition of trespass structures, nominal damages and costs.
Land law – Certificate of Title – Section 33 Lands and Deeds Registry Act – conclusive proof of ownership; Trespass – unlawful occupation and demolition order; Nominal damages where no proof of actual loss; Costs taxed if not agreed.
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19 December 2014 |
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18 December 2014 |
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18 December 2014 |
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Contractor failed to supply some items; plaintiff’s liquidated‑damages claim dismissed; defendant entitled to set‑off for temporary switches.
Construction/IT supply contract — non‑completion and defects — variation and temporary installations — equitable set‑off for temporary goods supplied — liquidated damages claim defeated where delay partly caused by employer/third parties and access issues — requirement of written variations for additional claims.
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17 December 2014 |
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16 December 2014 |
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15 December 2014 |
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15 December 2014 |
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Petitioner proved irretrievable breakdown under s9(1)(b) based on respondent's conduct; decree nisi issued; financial claims adjourned.
Family law — Divorce — Section 9(1)(b) Matrimonial Causes Act — Behaviour ground: adultery, cohabitation breakdown and moving out — burden of proof and absence of cross-petition — maintenance and property adjourned.
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11 December 2014 |
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11 December 2014 |
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11 December 2014 |
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11 December 2014 |
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Buyer entitled to market-value recovery for seller’s wrongful non-delivery; trial properly proceeded in seller’s absence.
Contract law – Sale of goods – Binding written contract – Seller’s wrongful non-delivery – Total failure of consideration – Measure of damages: market value (Sale of Goods Act ss.51, 54; McGregor on Damages) – Proceeding in absence of a party with notice – Burden of proof (balance of probabilities).
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10 December 2014 |
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Petitioner proved respondent’s conduct caused irretrievable breakdown under s9(1)(b); decree nisi granted; financial issues adjourned.
Family law – Matrimonial Causes Act s9(1)(b) – behaviour as ground for irretrievable breakdown – admitted adultery and separation – decree nisi granted – maintenance and property adjourned.
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10 December 2014 |
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Whether a stay for payment of costs applies when an earlier suit was struck out for irregularity rather than discontinued.
Civil procedure — strike out for irregularity v. discontinuance — Order XIII r.2 (Subordinate Court Rules) — stay of subsequent suit pending payment of costs — costs discretionary — multiplicity of proceedings doctrine inapplicable where prior suit struck out and plaintiff acted on court's advice.
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10 December 2014 |
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10 December 2014 |
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9 December 2014 |
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Whether a later suit should be stayed or costs imposed where an earlier writ was struck out for irregularity.
Subordinate Court Rules – strike out for irregularity v discontinuance – stay of subsequent suit pending payment of costs – discretion as to costs – multiplicity of proceedings – litigant unrepresented following court advice.
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9 December 2014 |
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9 December 2014 |
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A custodial sentence for depriving beneficiaries was upheld due to breach of trust, substantial loss, and need for deterrence.
Criminal law – sentencing – deprivation of beneficiaries under Intestate Succession Act – aggravating factors: position of trust, youth of beneficiaries, value of property – prevalence of property-grabbing as justification for deterrent custodial sentence – first offender status not automatically warranting a fine.
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8 December 2014 |
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A statutory offence criminalising "false news" was held overbroad, to shift the evidential burden, and unconstitutional as unjustified limitation on expression.
Constitutional law — Freedom of expression (Article 20) — Criminalisation of 'false news' (Section 67 Penal Code) — Overbroad/vague; chilling effect — Burden-shifting contrary to presumption of innocence (Article 18) — Not reasonably justifiable under derogation clause — Provision struck down.
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4 December 2014 |
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3 December 2014 |
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Court proceeded in plaintiff's absence and granted defendants R70,324.67 on counterclaim for losses caused by employee's illegal conduct.
Civil procedure – proceeding in absence of a party; evidence – burden of proof on a balance of probabilities in civil claims; counterclaim – employer’s claim for losses caused by employee’s illegal carriage of goods; admissible documentary receipts and oral evidence as proof of loss.
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2 December 2014 |
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Divorce granted where parties had lived apart over two years and the respondent consented; decree nisi granted, property issues referred.
Family law — Matrimonial Causes Act s9(1)(d) — divorce where parties have lived apart for at least two years and respondent’s consent — decree nisi granted; property and maintenance referred to Deputy Registrar; parties to bear own costs.
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1 December 2014 |
| November 2014 |
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27 November 2014 |
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27 November 2014 |
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26 November 2014 |
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25 November 2014 |
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25 November 2014 |
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25 November 2014 |
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20 November 2014 |
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20 November 2014 |
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20 November 2014 |
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18 November 2014 |
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18 November 2014 |
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6 November 2014 |
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3 November 2014 |
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2 November 2014 |
| October 2014 |
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29 October 2014 |
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29 October 2014 |
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22 October 2014 |
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22 October 2014 |
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22 October 2014 |
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22 October 2014 |
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20 October 2014 |
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19 October 2014 |
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Divorce granted on two‑year separation with consent; joint custody; maintenance and property issues referred to Deputy Registrar.
Family law – Divorce – Section 9(1)(d) Matrimonial Causes Act – two years’ separation and consent – decree nisi granted; custody; referral of maintenance and property settlement to Deputy Registrar; costs each party to bear.
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17 October 2014 |