Most Recent Judgments

Civil law and Practice -Lease agreement on immovable property- Variation of the lease prohibited- Validity of alleged oral agreement varying the lease - Validity of rights and liabilities of parties following the expiry of the lease - Costs at punitive scale in court a quo - Appeal dismissed with costs.

Civil Appeal - Senate Elections Compliance with section 96 (c) the Constitution - Tax Compliance Certificate issued by Commissioner of Taxes sufficient

Criminal appeal - Bail pending hearing of criminal appeal - appellant convicted of Culpable Homicide and sentenced to seven years imprisonment two years suspended for three years - appellant filed Notice of Appeal against sente

Criminal law - a belief in witchcraft - whether it should not be a complete defence to criminal liability in appropriate cases - this was a question of law referred to the Supreme Court by the court a

Constitutional law - Appeal against decision of a Full Bench of the High Court - High Cou

Partnership- Universal partnerships-Applicant married to deceased in terms of siSwati customary law - Deceased already married to Respondent by civil rites under the Marriage Act 1964 - Whether such marriage in community of property

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 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

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.   

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