Family Law — Divorce — Interim care and maintenance — Application for interim order regarding care and contact of minor children pending divorce proceedings — Mother seeking primary residence of children and spousal maintenance — Father opposing overnight visits due to past assault conviction — Court granting primary residence to mother, allowing father reasonable contact, and ordering contribution towards legal costs and maintenance for children.
Delict — Unlawful shooting — Action against Minister of Police for damages — Plaintiff previously established merits of claim — Court determining quantum of damages for general damages, loss of earnings, and future medical expenses — Expert evidence considered — Award of damages for general damages, loss of earnings, and future medical expenses granted, with interest running from date of judgment for future losses and from date of service of summons for past losses.
Civil Procedure — Discovery — Non-compliance with discovery order — Plaintiff failing to comply with court order compelling discovery of documents — Defendant applying for dismissal of plaintiff's claim and striking out of defence — Court emphasizing the importance of compliance with discovery rules and the consequences of non-compliance — Dismissal of plaintiff's claim ordered due to failure to provide required documents.
Contract — Prescription — Summary judgment — Plaintiff seeking payment for outstanding debt under loan agreement — Defendant raising special plea of prescription, claiming debt prescribed before repayment agreement — Court finding that debt did not prescribe as it only became due upon demand, which was made after the alleged prescription period — Summary judgment granted in favor of Plaintiff.
Labour Law — Review of arbitration award — Applicant seeking to review outcome of inquiry under section 188A of the Labour Relations Act — Commissioner finding misconduct established and recommending dismissal — Applicant contending procedural unfairness and irregularities in the inquiry process — Court granting condonation for late filing of record and allowing review application to proceed on merits.
Criminal Procedure — Charge — Essential elements of theft — Accused charged with theft of a motorbike — Charge failing to specify ownership or possession of the motorbike at the time of appropriation — Court finding that the charge did not disclose a crime of theft as it lacked necessary particulars — Regional magistrate ordered to enter a plea of not guilty and proceed with a summary trial.
Civil Procedure — Amendment of pleadings — Application for leave to amend particulars of claim — Court's discretion in granting amendments — Appellant seeking to introduce new claims based on fraudulent misrepresentation and rectification — Court a quo refusing leave on grounds of election and prejudice — Appeal upheld, granting leave to amend as proposed — Court finding that the proposed amendment raises a triable issue and does not cause undue prejudice.
Contract — Breach of contract — Delivery of goods — Plaintiffs claiming damages for non-payment due to alleged breach of delivery terms — Defendant rejecting goods delivered as not conforming to purchase order specifications — Court finding that Plaintiffs failed to deliver goods as per the agreement, thus not entitled to damages.
Delict — Medical negligence — Special pleas — Plaintiff claiming damages for negligent medical treatment at public hospitals — Defendant raising six special pleas, including non-joinder and vicarious liability — Court dismissing all special pleas, affirming that pre-trial admissions cannot be undone by inconsistent pleadings — Negligence and causation remain for determination at trial.
Contract — Summary judgment — Instalment sale agreement — Plaintiff seeking cancellation and return of vehicle due to defendant's default — Defendant raising bona fide defence regarding misrepresentation of vehicle model year — Court granting condonation for late filing of opposing affidavit and allowing matter to proceed to trial as genuine triable issue exists.
Non-joinder — Review proceedings — Applicant seeking to set aside a confidential settlement agreement reached by the Takeover Regulation Panel with certain companies — Respondent companies raising non-joinder as a defense, claiming that not all parties investigated were joined — Court upholding the non-joinder point, emphasizing the necessity of joining all parties with a direct and substantial interest in the outcome of the review application — Costs to stand over in the interests of justice.
Medical negligence — Liability — Plaintiff alleging negligence by hospital staff following total hip replacement surgery — Claim based on alleged failure to investigate and perform revision surgery for sciatic nerve injury — Court finding conflicting expert evidence and inability to establish causation — Action dismissed due to failure to prove factual causation on balance of probabilities.