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Minister of Police v Mzingeli and Others (115/2021) [2022] ZASCA 42 (5 April 2022)
The Supreme Court of Appeal held that quantum of unliquidated damages could not be determined on an inadequately formulated stated case without oral evidence.
Biggs v Biggs (ECJ 2004/013) [2002] ZAECHC 6 (12 April 2002)
The court declined to rule on the special case due to procedural and jurisdictional defects. The trusts, whose assets are central to the dispute, were not joined as parties, resulting in non-joinder. Rule 33(1) is inappropriate as it is designed for the disposal of the entire dispute, not for piecemeal adjudication. Rule 33(4) could only be invoked by the court seized with the main action, which was not the case here. The court also lacked jurisdiction to issue a declaratory order or declaration of rights, as any order would not bind the trial court and would be merely academic. The procedure…
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