Case law
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Division and case type: CivilCivil Appeal
…These being the amendments, what effect do they have? In the first place, it is obvious that the terms and setting of the exclusion clauses in both contracts must control the inquiry into these problems.…
…Although Mr Gautama refused to speculate on the effects of the amendments on the plaintiff’s case, in our opinion it is certain that no new facts can profitably arise.…
Division and case type: CivilCivil Case
…To this submission the State Counsel pointed to the Criminal Law (Amendment) Act No 5 of 2003 section 193A dealing with “concurrent criminal and civil proceedings” which states: “Notwithstanding the provisions of any other…
…Regarding Criminal Law Amendment section 193A there is here no case for stay or delaying criminal proceedings. It is clear that the lower court criminal case was closed. No plea was taken.…
Division and case type: CivilCivil Case
…As the amendment to the defence raising the Barraclough v Brown issue was raised by the Court at a very later stage, I award the defendants 1/3 of his costs.…
Division and case type: CivilCivil Appeal
…For the respondent, on the other hand, it was argued that the plaintiff persisted to the end that the plaint was right and that there was no need for an amendment.…