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If the accused understand that the charges he is admitting to, then that guilty plea is valid at law and cannot be overturned
When one alleged that a contract was obtained by fraud, then that party must prove that the fraud is of a serious nature, which is detrimental to the conclusion of the contract
Court does not give weight to government rent subsidy in deciding rent increases
The Court will not take into consideration whether a tenant is entitled to a subsidy when establishing a fair rent
The Court will not take into consideration whether a tenant...
Ordinary remedies must be used before asking for a judicial review
Parties subject to an administrative decision must first avail themselves of...
Parties subject to an administrative decision must first...
If one wants to file an action for a retrial, the appropriate procedure must be used
Not any action may be used for the purposes of a retrial, in terms of Article 811 of the Code of Organisation and Civil Procedure
Not any action may be used for the purposes of a retrial,...
Police must not rest on a report but investigate before issuing charges
The police must not issue charges on the basis of a police report without first carrying out an investigation in order to establish whether the dispute is of a...
The police must not issue charges on the basis of a police...
Pretended rights charges borders on the civil law rights
Although the charge of pretended rights is a crime, it is not far off from...
Although the charge of pretended rights is a crime, it is...
Constructive dismissal takes place when employee is forced to resign against his will
When resigns not because he wants to but because of the situation he or she is found at the place of work, is termed constructive dismissal
When resigns not because he wants to but because of the...
A direct relationship establishes a juridical relationship
The involvement of a third party in a contract of works puts in doubt the...
The involvement of a third party in a contract of works...
There must be a clear understanding in a Prestanome arrangement
A Prestanome is an indirect mandate, but the parties have to be aware of its...
A Prestanome is an indirect mandate, but the parties have...
Second wife of a few months is entitled to reserved portion after the death of the husband
The law provides that the widow of a divorced husband is entitled to receive her full share of the reserved portion
The law provides that the widow of a divorced husband is...
Reasonable time in criminal proceedings, is without delay
There is a distinction between civil and criminal proceedings when analysing...
There is a distinction between civil and criminal...
A fair trial includes on whether a judgement can be enforced
When examining whether there was a fair trial, a constitutional court will not...
When examining whether there was a fair trial, a...
Prescription period starts upon last entry of the account
A commercial account between two companies starts not when the order was...
A commercial account between two companies starts not when...
Penalties imposed on who issues needless warrants is a question of public order
The Court has the discretion to impose a penalty on a party that issues a precautionary warrant however, this must be done in order not to allow the abuse of...
The Court has the discretion to impose a penalty on a party...
There is no judicial review for decisions refusing citizenship applications
The granting of citizenship is the Minister’s discretion and therefore, cannot be subject to the Court’s judicial review
The granting of citizenship is the Minister’s...
Appeals from arbitration awards are limited to legal points
The Court held that an appeal from an Arbitration award was inadmissible at law...
The Court held that an appeal from an Arbitration award was...
Maintenance must be paid until it is decided otherwise
An order to be maintenance must be followed even if there is a change of...
An order to be maintenance must be followed even if there...
Maintenance must be paid until it is decided otherwise
An order to be maintenance must be followed even if there is a change of...
An order to be maintenance must be followed even if there...
Lawyers’ obligations cease when company is struck off
A law firm engaged by shareholders to set up a company and other services cease...
A law firm engaged by shareholders to set up a company and...
