Northern Local Division - 2024 January

Criminal Procedure-Application for leave to appeal in terms of section 316(1) of the Criminal Procedure Act 51 of 1977- Reasonable prospect of success means the Judge dealing with an application for leave to appeal must be satisfied that, on the facts or conclusions of law involved, the Court of Appeal may take a different view and come to a different conclusion.

Criminal Procedure-Application for leave to appeal in terms of section 316(1) of the Criminal Procedure Act 51 of 1977-The trial judge, hearing the application must disabuse his mind of the fact that he himself has no reasonable doubt as to the guilt of the accused: he must ask himself whether there is a reasonable prospect that the judges of appeal will take a different view.

Contract – Breach of agreement – Damages allegedly sustained as a result of the Defendant’s unlawful repudiation of the agreement.

Criminal Law – Murder read with the provisions of the Combating of Domestic Violence Act 4 of 2003 – Evidence – Circumstantial evidence – Spontaneous admissions made by the accused.

Contract – Breach of lease agreement – Damages allegedly sustained as a consequence of the defendant’s failure to give a notice of termination of the agreement, compliant with the express terms of the agreement, as well as the defendant’s failure to return the property to the plaintiff in a good, clean and tidy condition, with the exception of fair wear and tear. Contract – Breach of lease agreement – Damages allegedly sustained as a consequence of the defendant’s failure to give a notice of termination of the agreement, compliant with the express terms of the agreement, as well as the defendant’s failure to return the property to the plaintiff in a good, clean and tidy condition, with the exception of fair wear and tear.