Civil Court has competence to hear issues dealing with commercial rural leases
The Civil Court have jurisdiction to decide cases concerning commercial leases irrespective if the property may be in a rural zone
Suspended sentence cannot be awarded in certain circumstances
The Court of Criminal Appeal switched the punishment of a person who was first awarded a suspended sentence, since this was not permitted at law
Court has wide powers to appoint company administrator

The Companies Act allows the Court to have a wide discretion to appoint...

The Companies Act allows the Court to have a wide...

Adoption does not block a declaration of who is the natural father

A father was declared the natural father of a minor child, irrespective of the...

A father was declared the natural father of a minor child,...

No need to ask for premises to be vacated, immediately after Court auction

When a property is purchased by court auction, there is no need that the eviction of the property takes place before or immediately after it is purchased

When a property is purchased by court auction, there is no...

Garnishee order may change if circumstances change

A garnishee order may be revoked in whole or in part if the circumstances of...

A garnishee order may be revoked in whole or in part if the...

Structural alternatives in rented properties do not necessarily result in termination of the lease

Those structural alternations in rented property which are required does not necessarily mean that the lease will be terminated

Those structural alternations in rented property which are...

Not all roads are government property

The fact that the government puts asphalt on a private road, does not convert the road into public property

The fact that the government puts asphalt on a private...

Court should limit itself to claims

The civil court should always follow its procedure, even if a constitutional law issue is raised

The civil court should always follow its procedure, even if...

Warrant upheld once it is satisfying all the requests

A warrant of prohibitory injunction may be issued once that the three elements...

A warrant of prohibitory injunction may be issued once that...

Changes to names of parties of a lawsuit may be corrected

The Court has wide powers to correct the names of acts of court cases in order...

The Court has wide powers to correct the names of acts of...

Court will use principle of proportionality to determine whether a party can appeal a judgement in parte

The court held that since it was a commercial case and the applicant was a Government entity, it could not claim that it would suffer economic...

The court held that since it was a commercial case and...

When a warrant does not rest on an executive title it can be executed any time and without prior Court authorisation

Where an executive warrant does not rest on an executive title, such as in the case of an executive warrant after a judicial sale by auction, then the...

Where an executive warrant does not rest on an executive...

Any administrative act may be scrutinised by the Administrative Review Tribunal

The Administrative Review Tribunal is competent to hear and decide any administrative act or measure taken by a public authority

The Administrative Review Tribunal is competent to hear and...

No prescription among co-debtors

When a co-debtor pays the debtor, the other debtor cannot raise the plea of prescription, in order to refund his share of the debt

When a co-debtor pays the debtor, the other debtor cannot...

Grandparents have a juridical interest to request access to grandchildren

EU legislation has interpreted the right to family life in its widest sense and allows Courts to examine whether it is in the children’s best interest to...

EU legislation has interpreted the right to family life in...

When signing an agreement, you are bound by that agreement

When one signs an agreement that would be an indication that he or she would be...

When one signs an agreement that would be an indication...

Court outlines the essential elements needed for a judgement to be found “res judicata”

Since the plea of res judicata is meant to stop an action from being decided by a Court, it must be interpreted restrictively, such that in the case of doubt...

Since the plea of res judicata is meant to stop an action...

Court outlines the essential elements needed  for a judgement to be found 'res judicata'

Since the plea of res judicata is meant to stop an action from being decided by a Court, it must be interpreted restrictively, such that in the case of doubt...

Since the plea of res judicata is meant to stop an action...

Appeal from a decision of the Industrial Tribunal  must be on a point of law

An appeal application purely based on the disagreement with the analysis of the Industrial Tribunal with regards to the facts of the case shall be rejected by...

An appeal application purely based on the disagreement with...