North West Division, Mahikeng (South Africa Case Law)
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Motsomi v Minister of Police
Cause of action for damages during the period of detention. Fair quantum for unlawful arrest. Application of the stare decisis principle. Safety and security
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Amaris Game Breeders (Pty) Ltd v Bowkon (Pty) Ltd
Unjust enrichment. Claim for damages. Contracting work on various trades in the construction industry. Cost order. Liquidation proceedings. Defendant in the amount
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Symes NO and others v Harry’s Tyre (Pty) Ltd
Appeal record. Application for condonation. Lege in terms. Declaratory order. Date for the hearing. Power of attorney
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Tomodi v Minister of Police
Assessment of awards of general damages. Punitive cost order. Arrest of the plaintiff. Police officers. Deprivation of liberty. Safety and security
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S v Khene (Appeal)
Offence of rape. Minimum sentence. Evidence of a complainant in criminal proceedings. Sexual intercourse
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Maximum Profit Recovery (Pty) Ltd v Naledi Local Municipality and others
Award of the tender. Pricing proposals for the accounting work time. Procurement process for municipalities. Second respondent
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Astra Boerdery CC and another v Acting Station Commander Ganyesa and others
Terms of the subsequent contempt order. Criminal procedure act. Rule of law. Reasonable doubt. Common cause
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Twin City Trading (Pty) Ltd and another v Morakile and others
Leave to appeal. Reasons for the order. Stare decisis rule. Application for leave
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K2016507276 (South AFrica) Proprietarty) v Mahikeng Property Investments (Proprietary) Limited
Taxes on the said properties. Loan agreements. Cost of administration in the liquidation. Founding affidavit
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Nkau v Road Accident Fund
Loss of income. Expert reports. Earning capacity. Party costs. Past medical expenses. Occupational therapist
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Mmutle NO and others v Absa Bank Ltd and others
Appointment as trustee in terms of a trust instrument. Trust deed. Annual general meeting
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Medupe and others v African National Congress and other (Leave to Appeal)
Leave to appeal. Reasonable prospect of success. Judgments on the matter
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S v Dielele
Hearsay evidence. State witnesses. Admission of the statement
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Seeletso and another v Ntefeng and others
Plea of res. Defence of lis alibi pendens shares features. Application for leave to appeal. Case number
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Ditsobotla Local Municipality v Carewell Holdings 5 (Pty) Ltd and another
Refinement of the general rule of civil procedure. Power of attorney. Default judgment. Writ of execution. Supplementary affidavit. Urgent application
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Xaba and another v Minister of Police
Quantum of the general damages. Expert reports on the injuries. Police officers. Unlawful arrest
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S v Sebidi and others
Criminal law. Appeal against sentence. Possess a firearm. Circumstantial evidence. Second appellant
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Tsebtsa Construction (Pty) Ltd v Impala Platimum Mine Rustenburg
Hearing in due course. Terms of the laws. Purchase orders. Urgent application. Substantial redress
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Mabale and others v Verey and others
General principle in motion proceedings. Valuation report. Appointment of a referee in terms. Fourth respondent
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Bojosinyane v Maroga and others (Leave to Appeal)
Leave to appeal. Issue of mootness. Dismissing an application. Prospects of success
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Sunlyn (Pty) Ltd and others v Smart Drawn Projects (Pty) Ltd and others
Summary judgment. Scope for a defence of unilateral mistake. Contracting parties. Principle of caveat subscriptor. Reasonable person. Second defendant
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Adams v Makhoye
Damages awards in defamation cases. Publication of defamatory matter. Major general. Police officers
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S v Femel (Leave to Appeal)
Criminal appeals. Removal of the appeal from the roll. Application for reinstatement. Imprisonment on count
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W D Mining (Pty) Ltd v New Venture Mining Investment Holdings and others
Application for postponement. Award of costs on a punitive scale. Terms of the agreement. Notice of motion. Hearing date. Founding affidavit
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Ramokoka NO and others v Samancor Chrome Limited and others
Mining right. Costs of the hearing of the interim relief. Meetings with the applicants. Locus standi
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AT & T Transport and Group of Companies (Pty) Ltd v Government Employees Pension Fund
Application for condonation. Leave to appeal. Prospects of success
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Mahikeng Local Municipality v Gwiriri and others
Order granted. Portion of land. Notice boards on the property. Second respondent
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Dry v Guest Village Little Dreams CC and another
Provisional order. Compliance with injunction. Trade unions. Returns of service. Liquidation application
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K2017427913 South Africa (Pty) Ltd v Du Plessis
Possession of the property. Relief whether the requirements of spoliation. Quo as the points in limine
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Wintercastle Trading 44 (Pty) Ltd and others v Ringopro (Pty) Limited
Lease agreement. Impossibility of performance defence as a ground of appeal. Interest in the lawful operation of the aircraft