This blog was co-authored by Ngarothe Netshipale, Candidate Attorney.
In August 2024, the High Court upheld a ruling by the Consumer Tribunal against a dealer that argued that a gearbox failure of an SUV was due to the purchaser’s driving
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Impossibility of performance is not a defence where claims arise from counter-indemnities and suretyships executed in favour of insurer as guarantor
In December 2024, the High Court held that reasons for non-performance are irrelevant considerations when a guarantor claims payment under counter-indemnities and suretyships executed in its favour.
The applicant insurer issued a guarantee in favour of a beneficiary on behalf
Personal injury claims and schools: Establishing the negligent breach of the duty of care
This blog was co-authored by William Hayne, Candidate Attorney.
In November 2024, the high court dismissed an action against the Department of Education for damages arising from injuries suffered by a school learner who was assaulted by another learner. The
Under-settled claims and prescription
In a January 2025 judgment the high court a dealt with the prescription of a claim for damages against the Road Accident Fund (RAF) due to an alleged under-settlement. The claimant, who was involved in a motor vehicle accident in
Amendment to cite new parties and prescription
This December 2024 case pertains to a legal dispute concerning the interruption of prescription in a claim for legal fees. The appellant, a firm of attorneys, sought to recover fees for services rendered to the respondents in both their personal
Use of excessive force by a police officer
A December 2024 case involves a claim for damages by the plaintiff, who was shot by a police officer, against the Minister of Police (“defendant”). The claim arose from an incident on 10 January 2019, where the plaintiff was shot
Signer beware (caveat subscriptor) is a fundamental principle
The high court in January 2025 reaffirmed the application of the maxim caveat subscriptor (a person who signs must take care). This is a truly fundamental principle. Without it, many debts would become unenforceable and the economy would be severally
Agreement cannot be revived which lapses when suspensive conditions not fulfilled
In a January 2025 judgment the Supreme Court of Appeal again affirmed the principle that where an agreement lapses automatically because of the failure to fulfil the suspensive terms of the contract, the lapsed contract cannot be amended or revived.
How unverified research and AI shaped a high court judgment
In a January 2025 judgment the High Court offers a stark reminder of the ethical obligations that underpin legal practice when placing information before a court. What began as a routine application for leave to appeal escalated into a significant
Requirements for an application to dismiss a claim for want of prosecution
In a December 2024 judgment, the High Court discusses the requirements for a successful application to dismiss a claim due to want of prosecution.
Quoting from the 2014 SCA judgement in Cassimjee v Minister of Finance there are three primary