Court Code

Written acknowledgements of debt – Preceded by written agreement between parties – Subsequent acknowledgements of debt constitute a new obligation – Plaintiff’s claim succeeds on that basis.

Delict – Damages – Quantum – Unlawful assault – Awards in other comparable cases helpful – Court must however take factual differences and circumstances into account – Seriousness of assault an important factor to take into account.

Civil Procedure ‒ Interlocutory application ‒ Application for condonation ‒ Non-compliance with court orders ‒ Unacceptable explanation for non-compliance ‒ Application for condonation dismissed with costs.

Review Applications - Answering affidavit of a judicial officer deposed to by the investigating officer in the matter under review – impartiality of a judicial officer - Justice must not only be done, but seen to be done – Article 12(8) – Right to a Fair Trial – Search and Seizure - Criminal Procedure Act, 51 of 1977 - Section 21(2) - section 22(2) – Requirements for a valid search warrant restated - Article 13 – Right to Privacy - Banking Institutions Act 2 of 1998 - Section

Applications and Motions – Execution against Immovable Property: Rule 108 of the Court Rules – Surety Agreement entered into by 2nd respondent and applicant in respect of settlement agreement entered into between the applicant and 1st respondent – 2nd and 3rd respondent m