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Citation
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Judgment date
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| April 2025 |
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9 April 2025 |
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8 April 2025 |
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8 April 2025 |
Civil procedure—wrongful detention of goods—invalid lien—special damages—general damages—exemplary damages—counterclaim —partial success
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4 April 2025 |
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4 April 2025 |
Contract—company law—director duties—breach of trust—fraud—particulars—Order 6 Rule 3—preliminary objection—unenrolled advocate—professional misconduct—romantic relationship—business misrepresentation—constructive trust—financial remittances—punitive damages—interest—costs
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4 April 2025 |
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|
3 April 2025 |
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3 April 2025 |
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3 April 2025 |
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2 April 2025 |
Copyright—infringement—nonexistent contracting party—void agreement—false claims—unauthorised monetisation—loss of revenue—suspension under California law—court jurisdiction upheld—injunction—royalty account—compensation—general and aggravated damages—partial counterclaim success—costs
|
1 April 2025 |
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|
1 April 2025 |
| March 2025 |
|
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31 March 2025 |
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31 March 2025 |
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|
28 March 2025 |
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28 March 2025 |
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|
28 March 2025 |
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28 March 2025 |
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28 March 2025 |
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28 March 2025 |
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28 March 2025 |
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27 March 2025 |
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An application for reinstatement of an execution proceeding was dismissed for inordinate delay and limitation of the decree.
Execution of decrees – limitation period under section 35(1)(a) Civil Procedure Act – delay in seeking reinstatement – promptness and sufficient cause – application of fraud exception – attachment of matrimonial home – requirement of spousal consent in judicial execution.
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27 March 2025 |
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27 March 2025 |
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26 March 2025 |
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|
25 March 2025 |
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|
25 March 2025 |
Discovery—bank statements—audit report—evidentiary burden—civil procedure—relevance and materiality—custody and control—attempts at voluntary cooperation—inspection—costs in cause
|
20 March 2025 |
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20 March 2025 |
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18 March 2025 |
Contract—money lending—usury—unconscionable interest rate—17.5% monthly interest—reduction of excessive rate—section 26 CPA—section 86 Tier 4 Microfinance & Money Lenders Act—substantive unconscionability—judicial discretion—costs
|
18 March 2025 |
|
A company must adhere to statutory procedures to change its membership and file required documents for Registrar approval.
Company law – change of membership – removal and admission of members – procedural requirements for changes in company membership and directorate – court’s power to direct meeting under section 138 of the Companies Act.
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18 March 2025 |
|
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14 March 2025 |
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13 March 2025 |
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A dismissal order for non-appearance was set aside due to counsel’s medical incapacity, and the application reinstated for hearing.
Civil procedure – setting aside dismissal order – sufficient cause for non-appearance – application for reinstatement – evidentiary burden – inherent powers of court.
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13 March 2025 |
|
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13 March 2025 |
Civil Procedure & Taxation of Costs—pleadings—alternative claims—case theories—subject matter valuation—advocates’ fees—principles of taxation—court discretion—review of taxation decisions—interlocutory applications—appeal—error of principle—remittance for taxation de novo.
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13 March 2025 |
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12 March 2025 |
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12 March 2025 |
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12 March 2025 |
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12 March 2025 |
Contract—clearing and forwarding agreements—subcontracts—breach of payment obligations—email correspondences—special damages—general damages—interest—ex parte hearing—court discretion—validity of contracts—costs
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12 March 2025 |
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12 March 2025 |
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12 March 2025 |
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A tenant is liable for damages when failing to yield up leased premises in good tenantable condition upon termination.
Landlord and Tenant – Breach of tenancy agreement – Obligation to restore premises to tenantable condition upon termination – Recovery of special and general damages – Scope of landlord's and tenant's respective responsibilities under tenancy agreement.
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12 March 2025 |
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A party in contempt of court cannot seek relief in connected garnishee proceedings without first purging that contempt.
Civil procedure – Garnishee proceedings – Contempt of court – Effect of contempt on a party’s right to be heard – Delay – Inherent powers and equitable relief – Functus officio.
|
12 March 2025 |
Arbitration—award enforcement—supervisory jurisdiction—challenge of arbitral process—extraterritorial enforcement—New York Convention—issue estoppel—public policy—finality of arbitral awards—costs
|
10 March 2025 |
|
|
7 March 2025 |
Arbitration—bias and partiality—fair hearing—record of proceedings—misconduct—evident partiality—correction of arbitral record—retrial—costs
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6 March 2025 |
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A court order for interim injunction lapses if its time-bound conditions are unmet and cannot be lawfully extended after expiry.
Mortgage law – Interim injunctions – Lapse of conditional court orders – Interpretation of Regulation 13 of the Mortgage Regulations, 2012 – Jurisdiction to extend or renew lapsed court orders – Principles of functus officio.
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4 March 2025 |
