|
Citation
|
Judgment date
|
| December 2007 |
|
|
|
20 December 2007 |
| November 2007 |
|
Civil Procedure|Actions and applications |
19 November 2007 |
| October 2007 |
|
|
Civil Procedure|Actions and applications|Delict and Tort Law|Negligence|Evidence Law|Evaluation of Evidence
|
18 October 2007 |
|
Where Supreme Court Rules, not special Parliamentary Elections rules, govern appeals, late filing may render an appeal incompetent but extension may be granted.
Civil procedure – election petitions – applicability of Parliamentary Elections (Election Petitions) Rules versus Supreme Court Rules to appeals – late filing of memorandum and record of appeal – competence of appeal – extension of time in interests of justice.
|
17 October 2007 |
|
Civil Procedure|Appeals and reviews|Constitutional Law|Elections
|
17 October 2007 |
|
Criminal law|Evidence Law|Evaluation of Evidence
|
16 October 2007 |
|
Confession found voluntary and corroborated; circumstantial evidence and common intention upheld, convictions dismissed on appeal and sentence confirmation postponed.
Criminal law – confession – trial‑within‑a‑trial – voluntariness and corroboration; Circumstantial evidence – common intention – threats, movements and conduct at scene; Appeal – first appellate re‑evaluation of evidence; Evidence Act s.28 – confession implicating co‑accused.
|
16 October 2007 |
|
Criminal law|Evidence Law|Burden of Proof|Evaluation of Evidence
|
16 October 2007 |
| September 2007 |
|
Civil Procedure|Appeals and reviews|Notice of Appeal
|
21 September 2007 |
|
Company Law|Shareholders|Property Law|Land|Land Dispute
|
21 September 2007 |
Civil Procedure|Actions and applications|Conduct of proceedings
|
21 September 2007 |
|
Attachment of Property|Sale of Property|Warrant For Sale of Property|Bona Fide Purchaser|CL
|
21 September 2007 |
| August 2007 |
|
|
|
2 August 2007 |
|
|
2 August 2007 |
| July 2007 |
|
|
Criminal law|Evidence Law|Burden of Proof
|
10 July 2007 |
|
Civil Procedure|Actions and applications|Evidence Law|Burden of Proof
|
10 July 2007 |
|
Civil Procedure|Appeals and reviews|Evidence Law|Evaluation of Evidence
|
10 July 2007 |
Bank-Customer Relationship|Fraud|Agency|Breach of Fiduciary Duties|Fiduciary Duty of A Bank|Mortgage|CL
|
10 July 2007 |
Civil Procedure|Actions and applications |
5 July 2007 |
|
|
5 July 2007 |
|
|
5 July 2007 |
|
Criminal law|Evidence Law|Burden of Proof|Evaluation of Evidence
|
5 July 2007 |
Criminal law|Evidence Law|Evaluation of Evidence
|
5 July 2007 |
|
|
5 July 2007 |
| June 2007 |
|
|
Civil Procedure|Affidavits|Affidavit
|
27 June 2007 |
|
Civil Procedure|Actions and applications|Elections
|
20 June 2007 |
|
|
13 June 2007 |
|
Whether an advocate’s mistaken non-appearance constitutes sufficient cause to reinstate a dismissed suit.
Civil procedure — non-appearance at hearing — sufficiency of cause — affidavit by advocate explaining non-appearance; Advocate’s error — mistake by counsel not to be visited on party; Affidavit formalities — omission of commissioner’s name not fatal where defect not timely raised.
|
7 June 2007 |
|
An advocate’s mistaken belief about settlement can constitute sufficient cause to reinstate a dismissed suit.
Civil procedure – reinstatement of suit – sufficient cause for non-appearance – affidavit by advocate explained mistake – party need not personally swear – mistake by advocate not visited on party – formal defect in affidavit (absence of commissioner’s name) not fatal if not timely raised.
|
7 June 2007 |
| May 2007 |
|
|
The court upheld convictions for murder, finding the confession admissible and sufficiently corroborated by strong circumstantial evidence.
Criminal law – murder – admissibility of confession – voluntariness of confessions – role of investigating officer – corroboration of co-accused's confession – assessment of alibi – circumstantial evidence.
|
30 May 2007 |
|
The Supreme Court upheld the conviction for aggravated robbery and postponed sentence confirmation pending constitutional review of the death penalty.
Criminal law – aggravated robbery – single identifying witness – standard for appellate review – sufficiency of evidence – duty of first appellate court – consideration of alibi – postponement of sentence pending constitutional litigation.
|
30 May 2007 |
|
|
30 May 2007 |
| March 2007 |
|
|
An application for extension of time unsupported by a sworn affidavit is incompetent and was struck out with costs.
Civil procedure – Extension of time – Rule 5 requires "sufficient reason" to extend time – Formal applications must be supported by sworn affidavits under Rule 43(1) – Unsigned/unsworn document is not an affidavit – Application lacking sworn affidavit is incompetent and liable to be struck out.
|
29 March 2007 |
|
No statutory right of appeal to the Supreme Court exists for LC V election petitions; application for extension dismissed.
Local Government elections – appealability – District Chairperson election petitions – section 145(3) Local Governments Act makes Court of Appeal decision final; no right of appeal to Supreme Court unless expressly provided by statute; appellate jurisdiction is a creature of statute.
|
29 March 2007 |
|
|
20 March 2007 |
|
Criminal law|Evidence Law|Evaluation of Evidence
|
20 March 2007 |
| February 2007 |
|
|
Supreme Court held respondents were bona fide occupants, not customary owners, and annulled fraudulent land title. Appeal dismissed.
Land law – Bona fide occupancy – Unlawful allocation of land – Customary tenure vs. bona fide possession – Fraudulent acquisition of title.
|
11 February 2007 |
| January 2007 |
|
Affidavits|Constitutional Law|Elections|Evidence Law|Burden of Proof|Evaluation of Evidence
|
30 January 2007 |
