A warrant of prohibitory injunction cannot be issued if the action it is being asked to stop has already taken place
In the case of In-Sight Limited vs Juheng Chen and Yujun Ying, the Appeals Court addressed issues stemming from an appeal lodged by In-Sight Limited (the Plaintiff), against two...
Tax Commissioner is to follow the procedure in full
A tax estimate was declared null and void because the Tax Commissioner failed...
A tax estimate was declared null and void because the Tax...
Court may decide a case even if there is conflicting evidence
The Court of Criminal Appeal has delivered a judgment in the case of The Police...
The Court of Criminal Appeal has delivered a judgment in...
When the wording of a contract is clear there is no need for any other interpretation
The parties of a contract should enter into that contract in good faith and thus the execution of that contract should be in terms of that contract
The parties of a contract should enter into that contract...
When there is no defence, the plaintiff still has to prove the case
When the defendant fails to file a statement of defence, this does not mean...
When the defendant fails to file a statement of defence,...
Court rules pensioner should receive an increase in pension
The Court of Appeal in its deliberations held that the fact that the Appellant...
The Court of Appeal in its deliberations held that the fact...
The defendant must be involved in the transaction
For a Defendant to be the correct Defendant, it must be shown that prima facie...
For a Defendant to be the correct Defendant, it must be...
EU legislation allows compensation for those who are denied boarding a flight
EU legislation allows compensation in cases when people are unjustifiably denied boarding
EU legislation allows compensation in cases when people are...
A request for retrial cannot be made to contest the interpretation of First Court
A request for retrial will not be accepted by the Court if the request contests the interpretation of the First Court
A request for retrial will not be accepted by the Court if...
Once a company does not pay its debts the court may liquidate it
The law allows a liquidation of a company upon the application of a creditor if...
The law allows a liquidation of a company upon the...
An investor must bear all the risks of an investment
An EU official took all the risk when she invested her severance package, with...
An EU official took all the risk when she invested her...
A judicial review may be done only against the public administration
A call to include persons with interest in the action was turned down because...
A call to include persons with interest in the action was...
Developer to bear expenses for reconstructing a common party wall when the bearing capacity of the wall is exceeded
The Developer must bear the expenses for reconstructing a common party wall when the height proposed in the development cannot be supported by the common wall
The Developer must bear the expenses for reconstructing a...
Judicial liquidation of a company kicks off a series of measures aimed at protecting creditors
A judicial liquidation is aimed at protecting creditors and is done by a collective procedure
A judicial liquidation is aimed at protecting creditors and...
Damages lawsuit requires proof of direct link between action and its alleged consequences
An action for damages requires that there must be a direct link between the action and the consequences of that action for it to succeed
An action for damages requires that there must be a direct...
Court must assure that all co-owners receive a fair price in forced sale of property
When the majority of co-owners request the sale of the property, the Court has to see whether the sale will cause serious prejudice to the minority
When the majority of co-owners request the sale of the...
Restorative justice in action
Restorative justice focuses on repairing harm caused by criminal behaviour through reconciliation, accountability, and reintegration rather than solely...
Restorative justice focuses on repairing harm caused by...
Before depositing rent in court, a tenant must first offer payment
A deposit of rent in court is only valid if the tenant first offers payment to...
A deposit of rent in court is only valid if the tenant...
Payment of rent by agricultural produce has to be subject to a written agreement
An agricultural lease may be paid by fruit or vegetables; however, the law dictates this must be mentioned in a written agreement
An agricultural lease may be paid by fruit or vegetables;...
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