Court Code

Applications – Urgency – Requirements prescribed by rule 73(4) of the Rules of Court restated – Applicant must set out the circumstances demonstrating the urgency and provide satisfactory reasons why he could not be afforded substantial redress in due course – Applicant must also demonstrate that the urgency was not of his own making – Applicant failed to put forward reasons rendering the matter urgent and why he

Delict – Action for damages – Based on bodily injuries, pain and suffering, discomfort, emotional shock, loss of amenities of life, hospital and medical expenses and future hospital, medical expenses – Claim arising from an alleged fall on a wet floor in Jet Stores – Plaintiff is alleged to have sustained injuries to her hip, knee and her shoulder –

Delict – Assault – Action for damages – Assessment of damages is a discretionary matter and has as its objective to fairly and adequately compensate an injured party – Amount to be awarded as compensation cannot be determined with mathematical precision and awards in previous cases serve as a guide.

Action proceedings - Negligence of legal practitioners discussed – Legal Ethics – Legal practitioners are obliged to act within the parameters of their mandate - Failure to do so is tantamount to negligence – Law of Evidence – Mutually destructive versions restated.

Civil procedure – Pleadings – Exceptions – Contracts forbidden by statute – Validity of Contracts forbidden by statute – Intention of the legislator- consequences of an agreement declared null and void-contracts forbidden by statute are not enforceable and thus no consequences can flow from it – Enrichment – Enrichment must be extensively pleaded and proved – Exceptions upheld.

Appeal – Application for leave to appeal from ruling that refused applicants’ application to amend their pleading – Authorities on leave to appeal reviewed – Court finding that submission of applicants’ counsel goes against the long line of authorities on application for leave to appeal.

Civil Procedure ‒ Interlocutory ‒ Application to compel discovery ‒ Separate legal entities

Civil procedure – Contracts – Lease agreement – Partial performance – Reduction of obligations – Incorrect calculations of amounts claimed – Counterclaims dismissed – Plaintiff’s claim upheld on corrected amounts.