Civil Law Prejudice is not a reason for a precautionary warrant to be revoked The Court will not revoke a garnishee order on the ground that the subject of the order is being prejudiced.MMA EditorNovember 1, 2020
Civil LawCopyright Law Sharing Shyli’s and Jordan’s OnlyFans vids? It’s copyright breach even if it’s porn A word of warning: an innocent share of the content can lead to some pretty heavy consequences.Marthese HiliOctober 19, 2020
Civil LawProperty Law Court costs may be apportioned amongst the parties The Court may apportion the court costs of a case to both parties and not necessarily to the party that lost the case.Marthese HiliOctober 4, 2020
Civil Law Can a ‘force majeure’ clause be invoked in view of COVID-19? A ‘force majeure’ clause is commonly inserted in contracts as a means to excuse the performance of a contract on the basis of a defined…MMA EditorSeptember 25, 2020
Civil LawConsumer Law Re-discussing an agreement does not terminate that agreement If one party to agreement wants to re-discuss any terms, the agreement is still valid at law. This was decided by the Court of Appeal…Marthese HiliSeptember 6, 2020
Civil Law Endorsed bills of exchange have to be paid irrespective of underlying obligations The law makes a difference between endorsed bills of exchange and those which are not endorsed. This was held in a judgement delivered by Mr…MMA EditorSeptember 6, 2020
Civil LawProcedural Law Payment of deposit in civil appeals is essential The payment of a deposit before the first sitting of an appeal is essential as it guarantees the court expenses, without which the appeal will…MMA EditorSeptember 4, 2020
Civil LawCommercial Law Civil Court has competence to hear issues dealing with commercial rural leases The Civil Court have jurisdiction to decide cases concerning commercial leases irrespective if the property may be in a rural zone. This was held in…MMA EditorJune 19, 2020
Civil LawProcedural Law Garnishee order may change if circumstances change A garnishee order may be revoked in whole or in part if the circumstances of the alleged debtor changes or else if after prima facie…MMA EditorMay 1, 2020
Civil LawConstitutional LawProperty Law Court should limit itself to claims The civil court should always follow its procedure, even if a constitutional law issue is raised.Marthese HiliApril 10, 2020