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Cited for the proposition that the predominant requirement for rectification is a common continuing intention of the parties which is not reflected in the…
Court applies the proper approach to interpretation of contracts including the integration rule and the principle that interpretation is a matter of law.
Cited for the principle that allowing the words parties used to override their prior agreement would be to enforce what was not agreed and overthrow the basis…
Applied as authority that courts are slow to import a tacit term when the written contract is comprehensive and does not require a tacit term for business…
Cited in relation to the constitutional obligations of guardians of constitutional rights like SASSA.
Cited in support of the rule that litigants must stand or fall by the case made in founding papers
Cited on the circumstances that may lead to the right of residence being terminated.
Cited to illustrate that the general manner of harm must be reasonably foreseeable, though the precise manner need not be.
Applied for the principle that the discretion under Rule 28(11) must be exercised judicially, upon a consideration of all relevant factors, and in essence it…
Applicant submitted this case as relevant to the question of fundamental breach of trust relationship under ESTA, but court did not engage with it as the…
Cited in the discussion of whether the rule that a servitude cannot cast an active obligation on the servient tenement is absolute.
Court distinguishes Trollip JA's approach in Van der Merwe, which treated partnership income globally, as not appropriate after introduction of section 24H.
Court applies the delictual principle that a person is liable for aiding and abetting another to commit a delict, including contributory infringement of patent.
The Supreme Court of Appeal (Lewis, Theron, Wallis, Petse and Dambuza JJA) dismissed the appeal with costs, including the costs of two counsel. The court held…
The court applies the principles guiding the exercise of discretion to admit new evidence after judgment is reserved as set out in this case.
Cited to establish jurisdiction and note vulnerabilities of ESTA occupiers, especially women.
The court a quo incorrectly relied on Gravett; the SCA clarifies that this case was misplaced authority and does not apply where an agent contracts on behalf…
Cited for the principle that ESTA is remedial legislation umbilically linked to the Constitution seeking to protect people whose tenure of land is insecure,…
Cited to support the proposition that this court should not engage in guesswork to determine an appropriate percentage for differential contingency deduction.
Cited for the proposition that s 2(1) of the Wills Act is designed to ensure authenticity and guard against false or forged wills, and that the court is…
The court below relied on this case for the principle that courts should endeavour on the basis of available evidence to award a party who suffered damages…
Court applies two-stage enquiry: first establish ordinary meaning of statement, second determine if that meaning is defamatory.
The court distinguished this case where a trustee abandoned immovable property which could be re-vested after rehabilitation, from the current case involving…
The court follows the principle that describing a woman's occupation as being 'under her husband' is demeaning and subordinates her rights; she is an occupier…
Cited at para 122 for the principle that a party must stand or fall by their notice of motion and founding affidavit and may not make out a new case in a…
Cited as authority for the proposition that the focal issue should be the lawfulness of the warrant rather than the capacity in which it was issued.
Followed Simplex in holding that a contract concluded by unauthorised trustees was invalid, and persuasively rejected the decision in Kropman NO v Nysschen…
Cited for doubt about whether a court may suspend execution of an eviction order.
Applied for the proposition that the Schlesinger test applies equally to relief obtained on facts which are incorrect because they have been misstated or…
Cited for the principle that bodies required only to investigate need not in general observe the rules of natural justice depending on circumstances.
Applied for the correct approach to the exercise of judicial discretion in allowing a party to reopen its case and lead evidence after closure, treating…
Full Court of Cape High Court considered when and how forfeiture occurs, distinguishing Action Engineering and finding forfeiture does not occur immediately…
The Court cites this case in relation to the public service policy values of batho pele.
The Court followed Powell's principles that a warrant must convey intelligibly to both searcher and searched the ambit of the search it authorises, and if too…
The court followed Powell for the principle that statutes authorising search and seizure must be construed strictly in favour of minimum invasion of common law…
Cited for the proposition that a warrant must be strictly interpreted and for the comprehensive discussion of the authorities on this point.
Cited for the principle that courts examine the validity of warrants with 'a jealous regard for the liberty of the subject'.
Court cites this case in support of the definition and understanding of suspicion in relation to lawful arrest.
Considered and referred to by the court a quo in the discussion of the validity of search warrants.
Cited for the principle that prejudice to the other party is not necessarily determinative in deciding to allow further evidence.
Cited for the principle that the gist or sting of a defamatory statement is determined by reference to a reasonable reader of ordinary intelligence as an…
The Court follows the Constitutional Court's interpretive guidance on ESTA, including that consent in ESTA is broad and includes tacit consent, and that a…
Cited to support the principle that the will to have a thing for oneself is required for possession.
Court cites this case for the principle that ESTA is remedial legislation umbilically linked to the Constitution, intended to protect people whose tenure of…
Cited for Lord Devlin's formulation of the meaning of 'suspicion' in the context of arrest.
Cited as endorsing Lord Devlin's test of reasonable suspicion.
Cited for the principle that government has a special duty to the courts in constitutional litigation and must be open and accountable.
Court applies the principle that powers may be conferred expressly or by implication and that ancillary powers necessary to give effect to jurisdiction are…
Court applies Van Der Merwe v Meades to establish the test that a buyer must show that the seller knew of the latent defect, did not disclose it, and…
The court follows Powell which held that search warrants would be scrutinised with sometimes technical rigour and exactitude, and that a general ransacking by…
Cited for constitutional principles requiring the state to comply with its contractual and statutory obligations and to lead by example.
Applied for the factors relevant in determining whether it is appropriate to lift the moratorium during business rescue, including the effect on applicants'…
Cited for the principle that the general manner of harm must be reasonably foreseeable, not the precise manner.
The judgment was prepared with the benefit of Klaase, which concerned similar issues of eviction under ESTA where the spouse of a farm employee had to be…
Applied Lord Devlin's formulation of the meaning of 'suspicion' in assessing whether the Reserve Bank had reasonable grounds to block the accounts.
Applied for the principle that the audi alteram partem rule applies to preliminary decisions that lay the necessary foundation for possible decisions which may…
Cited for the test of novus actus interveniens: whether the intervening act was an inherent risk created by the initial negligence and reasonably foreseeable.
Hurt J relied on this court's dictum that a warrant must convey intelligibly to both searcher and searched the ambit of the search it authorises.
Cited for the principle that disappointment of contracting parties' expectations does not justify judicial amendment of their acts.
Applied to hold that delay before notices are delivered as well as delay in filing the condonation application are both of importance, and if no reasonable…
Van der Merwe appealed to the Constitutional Court seeking to have the currency released. The Constitutional Court dismissed the appeal.
Applied for determining that jurisdiction is based on the value of the claim at the time of commencement, and only that value determines whether jurisdiction…
Cited for the principle that where the creation of a work or construction can be shown and dated, the doctrine of vetustas (immemorial user) does not apply.