Latest judgments

the applicant claiming to be acting in term of section 148 (1) of the constitution instituted proceedings under a certificate of urgency seeking the following reliefs:

1. Dispensing with the rules relating to urgency and hearing this matter on an urgent basis.

Law of delict –actio legis acquiliae - Defendant denies liability – Plaintiff’s case hinges on an alleged apology made by the Defendant to the Plaintiff, followed by the latter purchasing some parts of the  damaged motor vehicle- Defendant explained the gesture as an act of altruism -  legal principles applicable in an application from the instance visited

The applicant was arrested and charged with nine offences – He faces three offences for contravening the Sexual Offences and Domestic Violence Act 15/2018; five offences for theft by false pretenses; and one for theft – He has approached this court and asked that he be granted bail and released from custody – The application is vigorously opposed by the crown.   

The accused absconded trial set for 21 and 23 February 2022 – This was despite having been personally warned by the court for trial on these dates – A warrant for his arrest was issued and the accused was eventually re-arrested about five months later – He was called upon to show cause why his bail should not be revoked for breach of the bail conditions that manifested in failure to appear in court when directed to do so, and failure t

Civil Law and Procedure – Whether the High Court misdirected itself in granting Summary Judgment – Whether vis major and impossibility of performance were established by the Appellants and the consequences thereof – Whether the surety agreement  relied upon by the Respondent is lawful – The  application of  the in duplum principle – Held that there was no bona fide defence to resist the Application for Summary Judgment and that the High C

Bail application – Accused charged of contravening Section 3 (1), 3 (3) (a) (c), 3 (4) (c), 3 (6) (e) as read with Section 3 (9) (b) of the Sexual Offences and Domestic Violence Act 15/2018 – Bail opposed – Court considers whether the rape as defined in Section 3 (1) would be interpreted in a similar way as the common law rape to catapult the offence to a schedule five offence in terms of the Criminal Procedure and Evidence Act – Court al