2014

Assessment of Damages – Causation – Apportionment of damages where injuries suffered in separate incidents and defendants sued only liable for one incident – Effect of non-disclosure by claimant of involvement and injury in other incidents

Property Rights of spouses Act – Partition Act - Whether fraudulent  transfer of a 1/3 interest – Whether each spouse only entitled to a 1/3 interest.

Easement - Grant of Easement - Omission of specific route in Grant of Easement
- Claimants' Application for Court Order for Summary Judgment - No annexure
of Easement path for the transmission andlor distribution of Electricity - Factual
disputes cannot be resolved on Summary Application - Application for Court
Order for Summary Judgment refused

Negligence – Motor vehicle collision –Whether claim to be dismissed because 3rd Defendant’s driver pled guilty in the traffic court- 1st Defendant turning –Duty of turning driver- Duty of overtaking driver- Damages – Fractures, whiplash ,3% PPD.

Negligence- Motor Vehicle Accident – U-Turn on major thoroughfare – Whether Passing Vehicle at Fault – Damages – Muscular ligament – Splinters in Eyes – abdominal pain.

Negligence – Motor vehicle colliding with pedal cyclist -  Issues of Fact – Whether Condition of road caused accident - Whether Defendant breached duty of care to Claimant.

Detinue - Equitable mortgage - Deposit of title deeds - Agency - Actual or ostensible authority. 

Civil Practice – Application to set judgment aside – Burden on Applicant –– Information necessary to assess whether application made as soon as “reasonably practicable” and whether explanation is a “good” one - Observations on administrative error as a reason.

Negligence - Motor vehicle accident – Defendant denied his vehicle involved – Licence number recorded in mobile telephone – Telephone not produced - Police investigation – Burden of proof - Damages – Wwhiplash injury.

Contract – Whether Defendant negligently supplied poured and finished concrete surface- Whether pour was done against defendant’s advice- Whether Claimant to blame for condition of pour- Evidence – Witness unable to read – Witness statement was not read over to him before it was signed - Whether witness to be allowed to give oral evidence in chief.