Category: Common Law

Irrevocable power of attorney: Securing a debt

Smit v Origize 166 Strand Real Estate (Pty) Ltd SCA considered our law stretching back more than 125 years to the point where it was developed and established the principle that a power of attorney given as security for a debt...

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Applying employment law: Two schools of thought

Watching the Senate debates in the USA concerning the appointment of a member of the highest court to replace the recently deceased associate judge it became noticeably clear that there are two distinct schools of thought...

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Accessing preserved evidence: Instituting legal proceedings

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Protected occupier saved: Eviction order set aside

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Interrupting power supply: Attempt to bypass municipality?

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Setting aside sale: Execution and condonation refused

Huysamen v Absa Bank Ltd Setting aside sale of property in execution not permitted when delay is caused by attorney and it is unacceptable for attorneys to rely on inexperience in conducting appeals because the appeal notice...

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Applying legality principle: Must consult over rules

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Actio communi dividundo: Co-ownership of property

Municipal Employees’ Pension Fund v Chrisal Investments (Pty) Ltd In considering the actio communi dividundo the SCA decided there is no closed list of instances of bound co-ownership and if the ‘relationship gives...

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Good faith principle: Informed understanding of rights

Mitsubishi Hitachi Power Systems Africa (Pty) Ltd v Murray and Roberts Ltd Good faith principle enforced and refusal to disclose fails to accord with requirements of good faith, cooperation and trust because it would leave...

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Unlawful precautionary suspension: LC lacks jurisdiction?

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Valuing golf courses: Various methods discussed

De Zalze Golf Club v VAB: Stellenbosch Municipality The Club reviewed and set aside a decision made by the Valuation Appeal Board (VAB) for the Stellenbosch Municipality in the Club’s appeal against a valuation of its golf...

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Faulty foundations constructed: Special resolution needed?

Central Developments Tshwane (Pty) Ltd v Body Corporate, Twee Riviere Aftree Oord In considering a special plea that the body corporate needed a special resolution to pursue a claim for faulty foundations that had been...

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