Affidavits

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Affidavits

Results. 5 documents found.

5 documents
Application to file supplementary skeleton arguments deferred to the full bench; copies to be supplied by deadline or dismissed.
  • Civil procedure — interlocutory application for leave to file supplementary skeleton arguments — judicial discretion — timing and service of filings — appropriateness of single-member determination where appeal listed before full bench — procedural directions and automatic dismissal for non-compliance.
Judgment 24 October 2024
Court refused to forfeit a bonded motor vehicle for late passport surrender, applying substantial justice and not punishing counsel‑caused delay.
  • Bail conditions — bonded property — forfeiture for non‑compliance; substantial justice over technicality; liability for counsel’s procedural failures; exercise of judicial leniency.
Judgment 17 September 2024
Stay of execution upheld where registry-caused appeal delay and respondent’s concealment of related conviction negated discharge.
  • Forfeiture and stay of execution — application to discharge stay for alleged inordinate delay — duty of Registrar/Registry to prepare record of appeal — shortcomings in record not attributable to appellant — concealment of parallel money-laundering conviction involving same seized funds — discretion to refuse relief and award costs.
Judgment 19 June 2024
An applicant cannot obtain leave to appeal to the SCA on an interlocutory matter without certified lower-court refusal and procedural propriety.
  • Civil procedure — Leave to appeal — Requirement to seek leave in the court below and to produce certified refusal before approaching appellate court — Interlocutory/non-final matters not appealable — Procedural propriety for litigants in person.
Judgment 19 February 2024
Summary judgment granted where defendant failed to raise a bona fide triable defence to a claim based on cheques issued by his agent.
  • Civil procedure — summary judgment (Order 14) — cheques treated as payment — agency and authority — insufficient affidavit to raise triable issue — certainty of claim.
Judgment 8 July 1993