Latest judgments

Criminal Procedure – Trial within a trial – Warning statement – Not equated with confession – Taking of warning statements by Commissioned Officer not irregular – Warning statement found to be admissible.

Criminal Procedure ―Sentence― Factors to be taken into account at sentencing―Accused 54 years’ old first offender – Convicted of murdering his wife—Crime of violence against women and children far too serious and prevalent in our society—Court to send a vibrant message that violence as a way of resolving conflict in love relationship cannot be tolerated—Accused has previous record of violent offence--Long term impr

Damages – Motor vehicle collision – negligence – Two mutually destructive versions – Onus is on plaintiff and defendant to prove on the balance of probabilities that each of their version is to be believed.

 

Interlocutory – Amendment of pleading – Defendants sought to amend the plea and counterclaim – Plaintiff opposed the intended application – Court found that the defendants raised triable issues in the plea and which are intertwined with the grounds raised in the intended counterclaim – The plaintiff found to be justified in opposing the intended amendment – Intended amendment upheld – Defendants ordered to compensate the plaintiff with costs for prejudice caused.

Practice – Applications and motions – Urgent application for interdict – Urgent application struck for lack of urgency.