Applied for the principle that a party cannot on appeal seek to advance a case specifically abandoned in the court below.
Cited for the principle that court orders must not be impermissibly vague.
Cited for the principle that publication of a new plan can render relief moot and that impermissibly vague provisions violate the rule of law.
Cited for the principle that impermissibly vague provisions violate the rule of law, a founding constitutional principle.
Applied to resolve factual disputes in favour of the respondent in motion proceedings for final relief.
The Supreme Court of Appeal (Ponnan JA with Mbha, Dambuza and Makgoka JJA and Mokgohloa AJA concurring) heard the appeal on 6 September 2018 and delivered…
Cited for the principle that the court does not automatically issue a declarator even if the judgment below was wrong.
Applied for the discretion a court must exercise when considering whether to grant a declaratory order, including declining where the issue is hypothetical or…
Cited for the Plascon-Evans principle in motion proceedings.