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Citation
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Judgment date
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| February 2009 |
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A bank cannot be held liable for payment on an alleged forged cheque where the finding rests solely on hearsay evidence.
Bank liability – payment on cheque alleged to be forged – requirement of admissible evidence; Hearsay – inadmissible as sole basis for factual findings; Burden of proof – plaintiff must establish case on balance of probabilities; Civil procedure – substitution of deceased party where plaintiff dies before testifying.
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27 February 2009 |
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Redundancy transformed occupant into a licensee, negating any first-refusal purchase right; sale to third party upheld.
Employment law – redundancy and occupation of company housing – entitlement to first right of refusal under internal sale memorandum – licensee versus sitting employee/tenant; Contract law – offer, acceptance and payment evidence; Contractual privity and rights of a non-party to enforce a sale; Corporate identity and effect on employee benefits/sale schemes.
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27 February 2009 |
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A registrar or a single deputy chairperson lacks jurisdiction to decide joinder under Rule 32; a properly constituted IRC must hear it.
Industrial Relations Court – Rule 32 – joinder of parties – Interpretation of "court" – Requirement for a duly constituted bench under s.89(2) – Registrar or Deputy Chairperson sitting alone lacks jurisdiction to grant joinder.
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26 February 2009 |
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Partners held personally liable for firm’s failure to account for client funds; appeal dismissed.
Professional discipline – Valuation Surveyors Rules – breach of Rules 1 and 7(b) for failure to account/remit client funds – distinction between personal disciplinary liability and vicarious liability – partners’ responsibility for branch office misconduct – procedural bar to raising new grounds of appeal (Order 59/3 RSC).
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26 February 2009 |
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Enforceable oral sale upheld; valuation order reversed—specific performance on contractual terms; mesne profits only from judgment date.
Contract law – enforceability of oral sale agreement for land; specific performance; remedy of mesne profits and their commencement date; admissibility of supplementary appeal record; requirements for leave to amend cross-appeal grounds.
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13 February 2009 |
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Allegations of falsehoods and intimidation were not proved to annul a narrowly lost parliamentary election.
Electoral law – election petitions – illegal practices and false statements – intimidation by traditional leaders – campaigning in polling precincts – standard of proof in election petitions – appellate review of credibility findings.
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11 February 2009 |
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Buyer may recover value of removed or vandalized fixtures under an "as is" sale, but not mesne profits.
Sale of property – collateral warranty "on as is basis" – buyer takes property as found but seller liable for removed/damaged fixtures – assessment of damages by Registrar – mesne profits unavailable absent landlord–tenant relationship.
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4 February 2009 |