Category: Agriculture

Unlawful occupation considered: Just and equitable remedy

Grobler v Phillips Unlawful occupation considered by SCA and pointed out that during the greater part of occupation the property formed part of a farm but gradually the farm became absorbed by the growth of urban developments...

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Returning cattle progeny: Cancellation of sale

Remhoogte CC v Jacob Durr Trust Considering returning cattle progeny a full bench of the high court decided that to allow a ‘mala fide possessor the right of retention, would in my view encourage abuse and self-help as it...

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Business rescue practitioners: Payments voided

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

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First refusal right: Part of larger package

Plattekloof RMS Boerdery (Pty) Ltd v Dahlia Investment Holdings (Pty) Ltd The high court decided that, assuming that the applicant was not in breach at the time of any of its obligations under the lease, the right of first...

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Arbitration award binding: Right to be wrong

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Occupational specific dispensation: Old to new posts

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Political party penalised: Costs re unprotected strike

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Suspending picketing rules: During protected strike?

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Protected occupier saved: Eviction order set aside

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Protecting racehorses considered : just or fair punishment?

Employment rights Employees have constitutional rights, which include the right neither to be unlawfully nor unfairly dismissed.  Lawfulness requires proof of gross misconduct before employers may dispense with reasonable notice...

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Unprotected industrial action: Health and safety concerns

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Reinstatement primary remedy: Tacit relocation or novation

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