Tag: A Schippers

Dispensing with hearing: Lawfully discharged

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Eviction just and equitable: Relationship breached

Nimble Investments (Pty) Ltd v JM In considering whether an eviction order would be just and equitable and by a majority decision the SCA confirmed there were two issues. “The first is whether an order for the eviction of...

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Publishing defamatory statements: Truth and public interest

Malema v Rawula In considering publishing defamatory statements the SCA disallowed the appeal from the high court and confirmed that an interdict must always be directed at future conduct and if there is no risk of future...

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Falsely disparaging rival: Unlawful competition interdicted

Nativa (Pty) Ltd v Austell Laboratories (Pty) Ltd SCA considered a competitor falsely disparaging a rival and allowed the appeal and confirmed what was said as far back as 1887 ‘Fair and honest competition, however active, is...

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Occupier unlawfully evicted: Probation report required

Monde v Viljoen NO (Millhurst Farm) Occupier unlawfully evicted in  the absence of a report from the probation officer. “Consistent with the overall purpose of ESTA, s 9(3) forms part of provisions that impose limitations...

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Customary law triumph: Constitutional protection of rights

Gongqose v Minister of Agriculture, Forestry and Fisheries Customary law triumph: A significant judgment  of the SCA “It is true that the right to culture cannot be exercised in a manner inconsistent with other rights, and...

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Vague provisions: Violation of rule of law

Loggenberg NO v Maree With regard to vague provisions the SCA held that: “Given the nature of the oral agreement and that language used in a contract should be approached sensibly and fairly, I do not think that the court...

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