Court Code

Practice and Procedure : Summary judgment - Rule 32 - Application for - Compliance with rule 18 (6) and proviso to rule 30 (I) - Affidavit resisting summary judgment - Objection to application - Point in limine - Taking 'further step'- Requirements in terms of rule 32 (4) (a) considered -Appeal dismissed with costs,

Delict - Vicarious liability - High Court dismissing claim for damages on the basis that Plaintiff failed to prove that Defendants (Respondents) were vicariously liable as there was no formal contract of employment - Plaintiff (Appellant) contending that relationship between wrong-doer (student teacher) and Responde

Civil procedure - Application for leave to appeal against Order of the High Court dismissing application for absolution from the instance - Applicants alleging that Respondent debarred from

Contract        -           Misrepresentation  -          Definition      -                       Forms of misrepresentation                            Fraudulent             

Practice and Procedure-Duty of trial judge to evaluate evidence and make factual findings before pronouncing on the rights and liabilities of litigants

Appeal – Appeal deemed lapsed – Basic principles restated –                              Applications for condonation – Constitutional issues and the interests of justice restated.

Civil Procedure – Appellants purport to withdraw Notice of Appeal utilising Rule 13 (1) then filed a further Notice of Appeal under different case number – Respondents allege appeal should be deemed abandoned and dismissed – Appellant ought to have used Rule 12 – However, Court does not exist for the Rules but the Rules for the Court – Appellants entitled to fair hearing – Negligence of attorney should not be attributed to Appellants – Respo