Category: Cause: general

Textbook evidence considered: Requirements not met

Van der Walt v State Textbook evidence considered and decided that the applicant was ambushed by the late pronouncement on the admissibility of exhibits and rejected the argument that the evidence elicited through...

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Public policy grounds: Contract – Froneman J dissent

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Characterise dispute correctly: Different causes of action

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Aggravated psychological damages: Proper police search?

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Impermissible absolution application: Thwarting prescription?

Liberty Group Ltd t/a Liberty Life v K & D Telemarketing Impermissible absolution application considered by SCA and decided that Liberty Life should have brought fresh proceedings and were not allowed to simply apply to...

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Juristic personality examined: Need to cite trustees?

Tusk Construction Support Services (Pty) Ltd v Independent Development Trust Juristic personality examined in some detail and SCA upheld the appeal and criticised the judge in the high court for not providing a proper reasoned...

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Stipulatio alteri examined: Benefit conferred on HOA?

Maremmana Home Owners’ Association v Melnic Wine Solutions CC Stipulatio alteri examined by high  court and decided that  the right applicant purports to exercise in seeking the relief it does in these proceedings could...

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Intimidation threats interdicted: Undocumented nationals

City of Cape Town v JB and Others Intimidation threats interdicted by high court on an interim basis after law enforcement officers of the City were threatened when they attempted to obtain personal information to issue...

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Enforcing contractual rights: Lawfulness and fairness

Archer v Pinelands High School       Enforcing contractual rights is distinct from a cause of action based on the statutory right ‘not to be unfairly dismissed’ which means that former employees may pursue two claims...

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Unauthorised legal proceedings: Union branches not members

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Employment contractual breach: Jurisdiction of high court

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Agreement ending employment: Cause of action?

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