Eastern Cape Division (South Africa Case Law)
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Ncelekazi v Master of the High Court Mthatha and others
Appointment of executors. General principle. Administration of estates act. Assistant master. Deceased estate
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Mene v Minister of Police
General damages. Lawfulness of the arrest. Subsequent detention. Police officer. Safety and security
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Mhlaba and others v Dywili
Dispute of fact. General rule. Strength of available evidence without the aid of an expert. Land in question
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S v Tai-Tai and others (Sentence)
Mitigation of sentence. Criminal acts. Murder charges. Life imprisonment. Personal circumstances
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Gcweka and others v Road Accident Fund
Civil contempt procedure. Order compelling discovery. General principle. Reasonable costs award. Defendants defence. Tribunal in a fair public hearing
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Mncwati and others v King Sabata Dalindyebo Local Municipality
Employee of the municipality. Contracts of employment between the parties. Collective agreement. Shift allowance. Access control
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S v Njara
Attempted murder. Possession of the firearm. Life imprisonment. Personal circumstances. Evidence of the appellant. Protection order
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Macanda v Road Accident Fund
Contempt proceedings. Corollary duty. Order dated. Stay of a claim for general damages. Founding affidavit
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Amoah and others v King Sabata Dalindyebo Municipality
Municipal employees. Vehicles in the premises. Second plaintiff. Loss of earnings. Application form
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Tutshana v Kentucky Fried Chicken and another
Defence witness. Lawfulness of the assault. Motor vehicle. Second defendant
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Ngcama v Minister of Police and another
Criminal proceedings in particular rape matters. Power to arrest. Subsequent detention. Jurisdictional facts. Peace officer. Reasonable suspicion
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Nompetsheni v Minister of Police and others
Element for a claim for a malicious prosecution. Arrest and detention. Jurisdictional facts. Rape charge. Absolution from the instance
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Minister of Police v Sabisa and another (Leave to Appeal)
Issue of lawfulness of arrest. Leave to appeal. Warrant of arrest. Constitutional rights in terms
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Hlakanyane v Hlakanyane and others
Joint wills of spouses. Effect of the deed of settlement during the divorce proceedings. Second wife. Community of property
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Kunene v Bangaza and others
Rules on customary law principles. Family as a wife. Customary marriage
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Fokazi v Member of the Executive Council for Co-operative Governance and Traditional Affairs Eastern Cape
Special application of the general principle. Administrative action. Internal remedies. Answering affidavit. Motion proceedings. Founding affidavit
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Sofuthe v Member of the Executive Council for the Department of Health Eastern Cape Province
Quantum of damages. Interim payment. Minor child
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Mbambi v Tyeks Security Services
Repudiation of the contract. Unfair labour practice. Exclusive jurisdiction. Special plea. Security officer. Particulars of claim
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Sabisa and another v Minister of Police
Award of damages. Warrants of arrest. Wrongful detention. Constitutional rights. Safety and security
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Sivenene v Memeber of the Executive Council for the Department of Health Eastern Cape Province (Leave to Appeal)
Leave to appeal. Expert evidence. Test of reasonable prospects of success
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King Sabata Dalindyebo Local Municipality v Zwelitsha
Fair trial rights. Notice of motion. Procedural irregularity for the purposes of rule. Oppose the application. Default judgement
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Minister of Public Works and Infrastructure and others v NMPS Construction CC and otheres (Application to set aside)
Discovery of a document. Notices in the action. Contract for the parties. Tape recording
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Sikota v Member of the Executive Council for the Department of Health Easter Cape
Foetal distress in labour. Available evidence negligence. Brain injury. Joint minutes
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Tilayi and another v Master of the High Court Mthatha and others
Amendment of wills. Document as a witness. Direction of the testator. Second part
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Mgquba and others v Principal St John's College and others
Locus standi. Names of the children. Interest in the relief. Application proceedings
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Ntleleko v Member of the Executive Council for the Department of Health Eastern Cape Province
Application for an order compelling compliance with a notice. Costs order. Civil procedure. Discovery affidavit. Provisions of rule. Tape recording
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Minister of Police v Lulwane
Default judgment. Rescission application. Granted the order. Founding affidavit. Legal representatives
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Nontsele v Road Accident Fund
Driving of motor vehicles. Contributory negligence. Apportionment of damages. Second driver. Sudden emergency
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S v Lungu
Court's sentencing. Possess a firearm. Stock theft. Commission of the offence
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Mabandla v Member of the Executive Council for the Department of Education Eastern Cape and another
Post in an open recruitment process. Punitive costs orders. Primary school. Interim relief