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In Brentmark (Pty) Ltd and Another v Puma Energy South Africa (Pty) Ltd [2021] 4 All SA 106 (WCC), delictual damages for pure economic loss caused to a plaintiff by defendant’s alleged causal negligence. No established legal precedent for the claim asserted, but conduct fell short of the standards of decency and fairness that informs the substantive law of contract.
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In Land and Agricultural Development Bank of South Africa and Another v Van den Berg and Others [2022] 1 All SA 457 (FB), appeal dismissed on grounds of being diffuse and ambiguous, leave may now only be granted if there is a reasonable prospect that the appeal will succeed.
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In Democratic Alliance v Brummer [2021] 2 All SA 818 (WCC), a party seeking to rely on the defence of res judicata must allege and prove all the elements underlying the defence. It is unjust and inequitable to uphold a special plea of issue estoppel if respondent denied opportunity to litigate
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In Trustees for the Time Being of the Burmilla Trust and Another v President of the Republic of South Africa and Another [2021] 1 All SA 578 (GP) the plaintiffs’ claim was for constitutional damages, said to arise from the drastic curtailment of jurisdiction and capacity (shuttering) of an international tribunal, before which the plaintiffs and others had a case pending against the Kingdom of Lesotho.
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In Gigaba (born Mngoma) v Minister of Police and Others [2021] 3 All SA 495 (GP), Uniform Rules - urgency. Lawfulness - when a warrant of arrest is requested under the pretext that it is being acquired for a legitimate purpose while in fact the intention is not so, it is unlawful.