Court Code
NAHCNLD

Practice – Special Plea – Prescription – Section 39(1) of the Police Act, 19 of 1990 – Claim for unlawful arrest and detention – Malicious Prosecution – Stage at which Prescription begins to run – Complete cause of action- Requirements for malicious prosecution distinguished.

Interlocutory application – Application for condonation – Requirement of good cause, acceptable explanation for the delay and reasonable prospects of success – Rules 55 and 56 –

Interlocutory application - condonation for non-compliance with court order – requirements for condonation considered– Rule 32(9) and (10) – whether applicable to applications for condonation – propriety of legal practitioners deposing to affidavits.

Practice – Special Plea - Defective Service – Complete failure of service distinguished from irregular service which may be condoned – Court to consider whether purpose of service has been achieved – Prejudice suffered – Overriding objectives of the Rules of Court.

Criminal Law- Murder- Competent verdict of attempted murder- Formal admissions- Identity of deceased and cause of death not admitted- Duty of court to call witnesses to ensure substantial justice- Factual causation and legal causation- Method and manner of killing- Conclusive evidence.