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Citation
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Judgment date
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| August 2017 |
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31 August 2017 |
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31 August 2017 |
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A registered taxpayer's failure to file returns attracts penal tax; statutory appeals via the Tax Appeals Tribunal should be pursued first.
Income tax — obligation to file returns — reportable income vs chargeable income; Penal tax (s151) — regulatory/strict liability with limited defences; "Other reasonable cause" under s94(3) ejusdem generis — excludes mere ignorance or mistake of law; Onus under s102 rests on taxpayer to show assessment erroneous; Jurisdiction — concurrent jurisdiction with Tax Appeals Tribunal; High Court has residual jurisdiction but parties should pursue statutory appeals/tribunal first.
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24 August 2017 |
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Whether parol evidence could show a habitability condition precedent that prevented the tenancy contract taking effect.
* Evidence Act (ss.91–92) – parol evidence rule – exceptions where written contract is ambiguous, collateral or partly oral; oral evidence admissible to show parties' intention or condition precedent.
* Contract law – condition precedent/warranty of habitability – contract not enforceable until condition met and consideration paid.
* Appeal – appellate re-evaluation of evidence; trial court's admission of parol evidence and finding for respondents upheld.
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23 August 2017 |
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Ex parte judgment set aside where court order to issue hearing notices was not proven by affidavit of service.
Civil procedure – Service of hearing notices – Order 5 Rule 16 CPR (formerly r.17) – affidavit of service mandatory – service of hearing notices governed like service of summons – ex parte judgment set aside for lack of proof of service; Appellate review – duty to re-evaluate evidence (Pandya).
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23 August 2017 |
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Review is limited to court orders; conduct/report of a court emissary is not reviewable and application is dismissed.
Review procedure – scope limited to court judgments/orders; actions and report of court emissary not reviewable; grounds for review (error on face of record, new matter, sufficient cause) absent; administrative remedy to supervising magistrate appropriate for emissary misconduct.
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23 August 2017 |
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The defendant breached a vehicle sale contract; the plaintiff awarded refund, damages, interest and costs.
Contract law – sale by auction/bidding – breach for non-delivery – duty to verify availability; remedies: refund, general damages, interest and costs; specific performance refused; proof of refund notice delivery required.
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22 August 2017 |
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Application for extension of time dismissed; non-service of hearing notice is procedural and not a merits-based ground for extension.
Civil procedure – extension of time to seek leave to appeal – failure to specify grounds of appeal – non-service of hearing notice is procedural and does not go to merits – affidavit asserting appeal already filed.
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21 August 2017 |
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Bank failed an expedited international transfer; claimant assumed risk, so special damages denied and general damages reduced.
- Banking law – international telegraphic transfers – reasonable time for cross‑border clearing; risk allocation for expedited transfers
- Tort/delict – negligence and breach of duty by bank in failing to complete promised transfer timeframe
- Damages – entitlement to special versus general damages where claimant voluntarily assumes risk
- Appeal – re‑appraisal of evidence on first appeal and allowance for inferences by appellate court
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17 August 2017 |
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17 August 2017 |
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Correcting a defendant’s name by amendment is permissible where the same person is involved and no prejudice results.
Civil procedure – Amendment of plaint – Correction of defendant’s name (misnomer) – Substitution permissible where parties are the same and substantive claim unchanged – Discretion of trial court – No prejudice/miscarriage of justice.
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16 August 2017 |
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Beneficiaries of a representative consent judgment may be added post‑judgment, but applicants failed to show necessity and joinder was refused.
Civil procedure – joinder and addition of parties – representative suits and consent judgments – whether beneficiaries can be added post‑consent judgment; Mootness doctrine; Champerty and enforceability of remuneration/resolution; Rights of beneficiaries vs representative plaintiffs; Advocates’ entitlement to proceeds of judgment.
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15 August 2017 |
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Court issues mandamus compelling government to pay decreed sums to the applicant; damages not granted as not decreed.
* Administrative law – Mandamus – When writ of mandamus will issue to compel government to satisfy a decree against it. * Civil procedure – Enforcement of judgment against Government – certificates of order against Government and corresponding duty to pay. * Remedies – Mandamus not available to enforce rights not decreed or doubtful claims. * Urgency and equity – applicant’s medical emergency as factor in granting mandamus.
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15 August 2017 |
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Appeal dismissed: respondent heirs established ownership; procedural lapse in locus visit not prejudicial to appellants.
Land law – ownership and title – evaluation of evidence and credibility; alleged co-ownership/tenancy in common – requirement of proof and occupation; titling discrepancies and use of nicknames – insufficiency without corroboration; locus in quo – procedural requirements and effect of failure to record evidence.
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14 August 2017 |
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Valid subcontracts existed; plaintiffs' poor performance barred general damages but quantum meruit awarded for unpaid work.
* Contracts – existence and validity of subcontracting agreements – oral, written and implied contracts.
* Performance – implied duty to perform in a good and workmanlike manner; delays and inadequate productivity.
* Frustration – bad weather, machine breakdowns and interruptions do not automatically frustrate construction contracts.
* Restitution/Quantum meruit – recovery for work accepted or requested to prevent defendant's unjust enrichment.
* Remedies – special damages proven and awarded; general damages denied due to improper performance; interest and costs awarded.
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10 August 2017 |
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8 August 2017 |
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Appellant failed to prove ownership; court upheld trial magistrate’s findings on forged agreement and witness credibility.
Land law – ownership dispute – burden of proof on balance of probabilities; documentary evidence – credibility of sale agreement and witness who disowns authorship; handwriting expert and incomplete cross‑examination – not decisive where document is disclaimed by its alleged author; locus in quo – visit not mandatory where court can decide on in‑court evidence; credibility and possession evidence determinative in land disputes.
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8 August 2017 |
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Appeal dismissed where respondents’ continuous possession proved and appellants’ purchase claims were inconsistent and unproven.
Land dispute – burden of proof to establish title; credibility and evaluation of conflicting oral evidence; locus in quo – discretionary visit, proper procedure, evidentiary role; appellate re-appraisal of factual findings.
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7 August 2017 |
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Court set aside effect of ex parte hearing and ordered inter‑partes hearing, but awarded costs to the respondent for delay.
Civil procedure – setting aside ex parte proceedings – Court’s discretion under s.98 Civil Procedure Act and s.33 Judicature Act to hear matters on merits where ex parte hearing not concluded; delay and dilatory conduct – costs consequences; land disputes involving public interest (telecommunications mast).
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3 August 2017 |
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Preliminary objections dismissed: tortious claim accrues on acquittal and counsel cannot self‑appoint to represent the Attorney General.
Civil procedure – preliminary objections – limitation in tort – cause of action in wrongful arrest, unlawful detention, false imprisonment and malicious prosecution accrues on release or acquittal; Representation – advocate cannot self‑appoint to represent the Attorney General; Strike‑out/rejection of plaint – merits cannot be determined on preliminary objection where issues go to substance.
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3 August 2017 |
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Appeal allowed: trial court mis-evaluated evidence; appellant declared owner and respondent's damages awards set aside.
Land law – customary land ownership; appellate re-evaluation of evidence where trial court misapplies evaluation; locus in quo considerations; general damages must be pleaded and proved; exemplary damages require specific pleading and facts showing oppressive/arbitrary or profit-driven conduct.
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2 August 2017 |
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A magistrate cannot appoint a deceased plaintiff’s legal representative; letters of administration or probate are required.
Civil procedure – Order 24 r.3(1) CPR – substitution of deceased plaintiff – court may make an existing legal representative party but cannot appoint one; Succession law – requirement of letters of administration or probate before acting as legal representative in pending litigation; Revision – setting aside of orders made without jurisdiction.
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2 August 2017 |
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Appeal allowed: respondent failed to prove slander—evidence was hearsay, inconsistent, and no special damages shown.
Defamation (slander) – elements: reference, defamatory meaning, publication to third party; burden on plaintiff to prove on balance of probabilities; slander requires proof of special damages unless imputing a serious crime, disease or attacking professional ability; hearsay and inconsistent witness evidence insufficient to establish publication; appellate re-evaluation of evidence.
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1 August 2017 |
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Partial non‑production of court‑ordered records was contempt; exemplary damages, fine and costs were awarded.
* Contempt of court – failure to comply fully with a mandamus order to produce records – elements: existence of order, knowledge, ability, non-compliance. * Records preservation – public institutions’ duty to keep and produce records of disciplinary/Appointments Board proceedings. * Remedies for contempt – exemplary damages, fine and costs to vindicate court authority and compensate/prevent prejudice to appeal rights.
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1 August 2017 |