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Court Judgements



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Without sounding patronising and or chauvinistic women are generally known for their motherly love, care and nurturing life. They are not known for brutally taking away life. Unfortunately this case proves otherwise. The 29-year-old mother of the three minor children was arraigned initially facing a charge of murder as defined in s 47 (1) of the Criminal Law (Codification and Reform) Act [Cap 9:23]. She was subsequently convicted of a lesser charge of culpable homicide as defined in s 49 of the Criminal Law (Codification and Reform) Act [Cap 9:23] after both counsel submitted a statement of agreed facts to... More

This matter commenced as an action against seven (7) defendants by the two plaintiffs seeking:- 1. a permanent interdict barring the defendants from reproducing, selling or offering for sale exporting or otherwise dealing in their plaintiffs’ works. 2. an order that defendants account for all the profits from infringing plaintiffs’ works. 3. damages calculated at 50% of the profits made by the defendants from infringing plaintiffs’ works for the period 12/02/2009 to date of summons. 4. attachment and delivery up of all infringing copies or articles presently in defendants’ possession and five costs of suit at the attorney and own... More

This is an application for maintenance pendente lite and for contribution towards costs in litigation. The parties were married in 2013 and have three minor children. They no longer stay as husband and wife. The wife had moved out with all the children and is renting accommodation elsewhere. The parties have a pending divorce action. The applicant is not formally employed but is the custodian and primary caretaker of the children on a day to day basis. The respondent, her husband, is a managing director of a company. What applicant seeks are the following sums of money: $ 5 000.00... More

The plaintiff issued summons against the first defendant which is a public vehicle transport operator and her driver the second defendant for the following claim. a) Payment in the sum of $653 medical expenses incurred by the plaintiff. b) Payment of $1 500 being future medical expenses. c) Payment of $25 000.00 being damages for pain and suffering. d) Payment of $1 650 being loss of earnings. e) Interest at the prescribed rate of 5% on all the sums claimed from the date of summons to date of full and final payment. f) Costs of suit at on an attorney-client... More

On 15 December 2016 the five plaintiffs who were then self-actors issued summons suing the five defendants More

1.1 That the caveat placed on the immovable property identified as certain piece of land in the district of Salisbury called Remainder of Lot 40 of Reitfontein measuring 6, 8288 hectares as will more fully appear upon reference from Deed of Transfer Reg No. 9563 with diagram annexed in respect of Lot 4 of Reitfotein made in favour of Godfrey James King on the 4th of January 1912 and to the subsequent Deed so Transfer the last of which passed in favour of Jun Mclachlan (Reg No. 3125/74) on the 23rd day of May 1974 remain and not be capable... More

The applicants bring an application for rescission of judgment for failure to file a notice of opposition in an application. More