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 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
Family Law Country to The Hague Convention is a stumbling block for children to travel If a child travels with one of the parents to a country not a signatory to the Hague Convention on the Civil Aspects of Child…Marthese HiliSeptember 20, 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
Property Law No need to ask for premises to be vacated, immediately after Court auction When a property is purchased by court auction, there is no need that the eviction of the property takes place before or immediately after it…MMA EditorMay 8, 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 LawProcedural Law Changes to names of parties of a lawsuit may be corrected The Court has wide powers to correct the names of acts of court cases in order to allow these cases to proceed further.MMA EditorMarch 27, 2020
Civil LawProcedural Law Court will use principle of proportionality to determine whether a party can appeal a judgement in parte The court held that since it was a commercial case and the applicant was a Government entity, it could not claim that it would suffer…Marthese HiliMarch 6, 2020
Commercial Law When a warrant does not rest on an executive title it can be executed any time and without prior Court authorisation Where an executive warrant does not rest on an executive title, such as in the case of an executive warrant after a judicial sale by…MMA EditorFebruary 28, 2020
Civil LawProcedural Law Court outlines the essential elements needed for a judgement to be found ‘res judicata’ Since the plea of res judicata is meant to stop an action from being decided by a Court, it must be interpreted restrictively, such that…Marthese HiliJanuary 17, 2020