Results.
27 judgments found.
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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.
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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 complete works but delays were partly caused by the client and third parties; temporary supplies set off against refund.
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Construction contract; failure to complete supply/installation; delay caused by client/third parties; liquidated damages claim rejected where delay not solely contractor's fault; variation and temporary supplies; equitable set-off; requirement of written variations/invoices
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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 under section 9(1)(b) that the respondent’s conduct caused irretrievable breakdown; decree nisi granted.
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Family law — Divorce — Irretrievable breakdown — Section 9(1)(b) Matrimonial Causes Act — Behaviour amounting to inability to cohabit — Admission of extra‑marital relationship and moving out of matrimonial home — Decree nisi issued; 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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The plaintiff recovers market value and damages after the defendant's wrongful non-delivery of paid-for maize; trial proceeded in defendant's absence.
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Contract law — sale of goods; breach for non-delivery of paid-for goods — buyer entitled to market value as measure of damages; recovery where consideration failed; proceeding in absence of party with notice; Sale of Goods Act ss.51,54; interest and costs
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10 December 2014 |
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Petitioner proved irretrievable breakdown under s9(1)(b) due to respondent’s admitted extra‑marital relationship; decree nisi granted.
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Family law — Divorce — Matrimonial Causes Act s9(1)(b) — Behaviour making cohabitation unreasonable — Admitted extra-marital relationship — Decree nisi — Maintenance and property adjourned
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10 December 2014 |
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A writ struck out for irregularity does not trigger stay or mandatory costs under discontinuance rules; appeal dismissed.
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Civil procedure — striking out for irregularity vs discontinuance — application of Order XIII rule 2 — costs discretionary; multiplicity of proceedings not established where earlier suit struck out
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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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Refiling after strike-out for irregularity does not automatically attract a stay or mandatory payment of costs absent a discontinuance order.
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Civil procedure — strike-out for irregularity versus discontinuance/dismissal; stay of subsequent suit and costs under subordinate court rules; discretion as to costs; refiling by unrepresented litigant; multiplicity of proceedings
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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.
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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.
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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 the applicant's absence and awarded respondents R70,324.67 for losses caused by the applicant's misconduct.
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Civil procedure — trial in absentia for a party who repeatedly fails to attend; Burden of proof in civil counterclaim — balance of probabilities; Employment law — employer's counterclaim for losses caused by employee's misconduct; Lien over employee's vehicle as security for reimbursement
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2 December 2014 |
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Decree nisi granted where parties lived apart over two years and respondent consented to divorce.
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Family law — Matrimonial Causes Act s9(1)(d) — Divorce by two years’ continuous separation plus respondent’s consent — Decree nisi granted; property and maintenance matters referred
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1 December 2014 |