Results.
14 judgments found.
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| March 2017 |
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Whether respondents committed contempt by harvesting sugarcane during an extant interlocutory injunction.
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Civil procedure — contempt of court — breach of interlocutory injunction — proof beyond reasonable doubt and mens rea required — discretionary sanctions: fine with default imprisonment — assessment and payment of proceeds into court.
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31 March 2017 |
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Detention beyond statutory remand periods without imminent trial is unlawful; court ordered a timetable and trial date to remedy delay.
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Criminal procedure — remand periods — s161F & s161G — illegal detention where trial not imminent — prosecutorial delay and funding constraints — court-ordered timetable to compel prompt trial.
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30 March 2017 |
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Improper case assignment and failures in child-witness procedure rendered the trial a nullity; retrial ordered with protective measures.
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Administrative impropriety in case assignment; child-witness protections — in camera hearings, voir dire for competency, unsworn evidence and corroboration; pre-recorded interviews admissibility; disciplinary accountability for judicial officers.
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29 March 2017 |
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Application to suspend enforcement dismissed for being improperly brought under Order 28 r.48 absent enforcement proceedings.
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Civil procedure — Stay/suspension of enforcement — Order 28 r.48 CPR — enforcement order required before suspension application — threshold competence — procedural dismissal.
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27 March 2017 |
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Plaintiff failed to prove driver negligence or that defendant insured the vehicle; claim dismissed with costs.
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Tort — Negligence — Burden of proof — Plaintiff must adduce sufficient evidence to establish negligence on the balance of probabilities
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Evidence — Hearsay — Police report authored by non-witness inadmissible and not probative
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Insurance — Proof of cover — Claimant must prove insurer relationship before imposing liability on insurer
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20 March 2017 |
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High Court has jurisdiction to distribute intestate estates; absent proven special circumstances, spouse and children receive adjusted fair shares (29%, 29%, 32%, 5%, 5%).
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Probate/Intestate succession — High Court jurisdiction under Deceased Estates Act — s.17 fair distribution principles — "special circumstances" to depart from equal shares — weight of intestate's terminal-benefits allocation and proof of spousal/third-party contributions — consideration of children's ages and parents' medical needs.
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15 March 2017 |
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A defendant who takes substantive steps cannot later seek a stay for arbitration; amendments must be by summons or motion.
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Civil Procedure
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Arbitration Clause — Stay of proceedings — Timing of application under Arbitration Act s 6(1)
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Amendment of Pleadings — Mode of application under Order 20 RSC — Summons or Notice of Motion required
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15 March 2017 |
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Both applicant and respondent found negligent; damages apportioned equally and respondent insurer liable for half.
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Road traffic law — negligence in overtaking — duty of care of driver — contributory negligence by cyclist — apportionment of liability 50:50 — insurer’s direct liability under Road Traffic Act — limited weight of police report/opinion.
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13 March 2017 |
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Proceedings stayed until taxation and payment of costs owed by the plaintiff following a consent discontinuance.
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Civil procedure — stay of proceedings — discontinuance by consent — enforceability of unsigned (unendorsed) consent order — Order 21 r5 — taxation and payment of costs.
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10 March 2017 |
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Bail and stay pending appeal denied where medical report is admissible as a whole and appeal lacks real prospects.
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Criminal procedure — bail pending appeal; stay of sentence — refusal where appeal lacks real prospects
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Evidence — medical report admissible as a whole; challenges to complainant's age must be raised at trial
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6 March 2017 |
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Administrator appointed after suit commenced cannot recover loss of expectation of life; dependency and funeral costs awarded and apportioned.
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Civil damages — Wrongful death; administrators' title to sue — letters of administration must precede commencement to claim loss of expectation of life; loss of dependency assessed by multiplicand/multiplier (domestic worker wage; multiplier 35); special damages require strict proof; apportionment among dependants.
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6 March 2017 |
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The applicants’ claim succeeds: driver negligent for failing to keep distance and insurer liable under section 65A.
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Road traffic — Driver's duty of care — Failure to keep proper distance and control speed — Negligence established on balance of probabilities; Insurance — Section 65A Road Traffic Act — Right of injured party to proceed against insurer.
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6 March 2017 |
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Re-sentencing after delayed re-hearing: death and life sentences inappropriate; long determinate terms imposed due to missing record and mitigation.
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Re-sentencing after Kafantayeni order — missing trial record — death-row phenomenon as mitigation — appropriateness of death or life sentences — balancing aggravating (murder during robbery, group, premeditation) and mitigating factors (delay, incarceration conditions, age, prior convictions, good conduct).
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1 March 2017 |
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Applicant’s standalone certification to challenge the corroboration rule was refused as it would amount to an indirect review of concluded criminal cases.
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Constitutional procedure — Section 9 certification — whether Chief Justice may certify standalone referrals — corroboration rule in sexual offences — finality of criminal proceedings — need to regulate referrals.
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1 March 2017 |