Results.
7 judgments found.
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| December 2022 |
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A contractual forfeiture and registered assignment effected a conveyance, not an equitable mortgage; applicant entitled to the property, monetary and damages claims dismissed.
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Contract law — Investment agreement with deposited title and registered deed of assignment — Forfeiture/registered assignment clause creates conveyance/sale, not an equitable mortgage — Enforcement of express contractual conveyance — Claim for damages requires proof on balance of probabilities.
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30 December 2022 |
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Applicant failed to prove unfair dismissal where respondent reasonably investigated and followed disciplinary procedure.
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Employment law — Unfair dismissal — Burden of proof on balance of probabilities; Employer's reasonable belief and disciplinary procedures; Sufficiency of evidence (documentary proof of deposits).
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30 December 2022 |
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Tender and licence invitations were quashed as ultra vires because the statutory Wildlife Management Licensing Committee had not been constituted.
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20 December 2022 |
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Court revoked respondent's grant obtained on an untrue belief, ordered accounts, identified dependants and directed Administrator-General to administer estate.
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Intestate succession — Letters of administration — Revocation where grant rests on untrue statement in ignorance (s.29(1)(c)) — Fraud allegation requires distinct pleading and higher standard — Definition and entitlement of "child" and "dependant" under Intestate Succession Act — Administrator-General appointment and duties — Surviving spouse's right to select devolving house.
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16 December 2022 |
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A niece is a 'near relative' under the Intestate Succession Act; estate shares and certain properties must be valued, preserved and distributed under s.7(f).
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Succession law — Intestate succession — Meaning of 'near relative' and 'remoter descendant' — Niece held a 'near relative' entitled under s.7(f) where deceased leaves spouse but no children/parents/dependants; company shares as personal estate property; matrimonial home confers a life interest to surviving spouse; injunction and valuation for distribution ordered.
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7 December 2022 |
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A niece is a 'near relative' under the Intestate Succession Act; spouse holds only a life interest in the matrimonial home.
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Intestate succession — meaning of 'near relative' and 'remoter descendant' — nieces and nephews fall within remoter descendants; Company law — shares as personal property and part of deceased's estate; Matrimonial home — surviving spouse has life interest determinable on death/remarriage; Originating summons jurisdiction (Order XXX Rule 12) — valuation, sale and distribution of estate assets; Interim injunction to restrain disposal by administrator.
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7 December 2022 |
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A niece qualifies as a 'near relative' under the Intestate Succession Act; estate shares/property to be valued and proceeds distributed per s7(f).
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Intestate succession — 'near relative' and 'remoter descendant' — niece included as beneficiary; Shares as personal property — company ownership and indirect shareholder interest; Matrimonial home — surviving spouse's life interest not absolute; Injunction restraining disposal of estate assets; Valuation and sale of estate assets and distribution under s7(f).
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7 December 2022 |