Latest judgments

Civil practice- law of contract - oral tacit partnership agreement- misrepresentation - mutually destructive versions - no official certificate/documents where plaintiff is reflected as (part) owner of business - requirements of partnership - no consensus between parties - defendant sole owner -  Plaintiff’s claim dismissed.

Criminal Procedure- Rape- Appeal against conviction and sentence- Condonation- Prospect of success- inadequate record of proceedings- Duty to keep proper record- Fair trial- Right to appeal.

Appeal – Conviction – Sentencing – Robbery with aggravating circumstances – Application for condonation – Incomplete record of proceedings – Condonation application dismissed. Criminal procedure – Appeal against sentence – Totality of evidence – Noting of appeal within time limit – Appellant’s version of even

Criminal Procedure- Automatic Review- Child Offender- Fair-trial- Child needs to be assisted by parent or guardian- Pre-sentence report or social worker’s report necessary- Magistrates duty to safeguard interests of minor in Criminal cases.