All courts - 2014 October

4 judgments
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4 judgments
Citation
Judgment date
October 2014
Whether a central bank lawfully revoked a bank's licence and reclaimed supervision and forensic audit costs.
Banking law – revocation of banking licence – statutory powers under Banking Act (ss 10, 31) – due process and urgency; Prudential supervision – recovery of costs (s 53) – forensic audit fees recoverable; Constitutional/administrative law – natural justice and section 43 – adequacy of hearing in urgent financial contexts; Consent orders and side letters – duress, waiver and estoppel; Public law torts – misfeasance in public office – bad faith not established; Interest – compound interest awarded.
27 October 2014
Petition for recount and alleged barring of monitors dismissed for failure to prove material irregularities.
:[
17 October 2014
Prior consent settlement on identical facts can preclude a defendant from maintaining a bona fide defence, justifying summary judgment.
Civil procedure — Summary judgment under Order 14 r.1 — Bhogal two-stage test: credible defence and bona fide defence — Effect of prior consent order/compromise on issue estoppel and res judicata — Whether prior settlement on same facts precludes denial of liability.
7 October 2014
In a customary marriage, matrimonial property is presumptively jointly held and to be valued and divided equally under constitutional fairness.
Matrimonial property – customary marriage (Chitengwa) – applicability of customary law vs Common law – constitutional fairness under s24(1)(b)(i)– meaning of ‘held jointly’ – registration/gift not conclusive – equal sharing presumption – maintenance under s24(1)(b)(ii).
7 October 2014