Results.
8 judgments found.
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| February 2018 |
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Registrar has no authority to grant summary judgment; defective sworn statement cannot be used without court leave.
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Civil procedure — Summary judgment (Order 12 r23) — Meaning of 'Court' — Registrar's powers (Order 25) — Final vs interlocutory relief — Sworn statement formalities (Order 18 r7(5)(c),(d)) — Leave required to use defective statement.
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28 February 2018 |
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Applicants' false imprisonment and negligence claims failed where respondent lacked knowledge of an injunction and could not reasonably foresee arrests.
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Civil liability — False imprisonment — Requirement that detention be commenced by defendant or by his orders — Negligence — Duty of care, breach and causation — Foreseeability — Effect of intervening police discretion — Notice and timing of injunctive orders.
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28 February 2018 |
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Claimants failed to prove false imprisonment, malicious prosecution or defamation; defendant had reasonable cause to report alleged theft.
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Tort — False imprisonment — Liability for reporting to police; Malicious prosecution — requirement of termination in favour and absence of reasonable and probable cause and proof of malice; Defamation — publication or conduct; Acquittal does not automatically negate reasonable cause for prosecution.
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28 February 2018 |
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Adultery established on balance of probabilities via call logs and witness evidence; plaintiff awarded damages and costs.
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Family law — Adultery — proof by circumstantial evidence (call/text logs and witness admission) — damages for loss of consortium and humiliation — default judgment permitted where defendant absent.
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20 February 2018 |
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Claimant who operated machinery without authorization failed to prove employer negligence; claim dismissed with costs.
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Personal injury — Employer negligence — Duty of care — Unauthorized operation of workplace machinery — Burden of proof on claimant — Credibility of witnesses — Causation and remoteness of damage.
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19 February 2018 |
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Driver held negligent and insurer liable to policy limits; plaintiff awarded costs and ordered to seek damages assessment.
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Delict/Negligence — duty of care, breach and causation — road traffic accident liability; Insurance law — insurer liable to extent of policy cover; Assessment of damages and costs.
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19 February 2018 |
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Failure to meet procedural prerequisites led the court to stay, rather than dismiss, the judicial review hearing.
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Civil procedure — premature setting down of matter — failure to file defences — absence of scheduling conference — alleged improper commencement and joinder — stay of judicial review proceedings.
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9 February 2018 |
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Assessment of personal-injury damages: quantum fixed for pain, loss of amenities and disfigurement; special claims partly awarded; earning-capacity claim dismissed.
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Personal injury — Assessment of damages — Pain and suffering; Loss of amenities of life; Disfigurement; Special damages require pleading and proof; Loss of earning capacity — insufficient evidence.
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6 February 2018 |