Lease – agreement to pay rental in advance without deduction – exclusion of reciprocity – landlords failure to grant full beneficial occupation of entire leased premises – tenant obliged to pay rent.
Interpretation of an agreement of settlement made an order of full court on appeal to it: agreement is binding on all the parties to the litigation, including one who has not participated but has chosen to abide the outcome of the appeal.
Trade marks: respondent’s registered marks TWIST, LEMON TWIST and DIET TWIST inherently capable of distinguishing its soft drinks: such marks not purely descriptive of products or their characteristics: appellant’s expungement application correctly dismissed.
Trade marks: appellant’s proposed marks, consisting of or incorporating the words PEPSI TWIST, likely to deceive or cause confusion by virtue of similarity to respondent’s marks: respondent’s opposition to appellant’s trade mark application correctly upheld.
Criminal Procedure – rape – sentence – life imprisonment – minimum sentence in terms of Criminal Law Amendment Act 105 of 1997 – substantial and compelling circumstances – proper approach – to require exceptional circumstances for the determination of whether substantial and compelling circumstances exist, incorrect – sentence of life imprisonment set aside and replaced with 15 years' imprisonment.
Appeal against sentence – appellant convicted on three counts of robbery read with s 51(2)(a) of the Criminal Law Amendment Act 105 of 1997, as amended by the Criminal Law (Sentencing ) Amendment Act 38 of 2007 and one count of unlawful possession of a firearm and one of unlawful possession of ammunition – all three counts of robbery were taken together for purposes of sentence – the appellant was sentenced to a composite sentence of 20 years’ imprisonment – the conviction in respect of one count of robbery set aside on appeal – the original sentence not altered – whether the composite sentence imposed on appellant was appropriate.
Application for permanent stay of prosecution – extraordinary remedy – complaint that the right to have trial begin and conclude without reasonable delay infringed – many years of postponements and delays – material and substantial part of delays due to the State – dishonest conduct by the State – appropriate remedy for infringement of Constitutional right.
Criminal Law and procedure — damages — Unlawful arrest and detention — appeal against judgment awarding damages for unlawful arrest and detention of the respondent — whether or not the appellant’s servant had the requisite suspicion to arrest and detain the respondent — periods of detention before and after first appearance in court to be separately considered — claim for detention after first appearance neither pleaded nor established — appeal upheld.
Section 16(2)(a)(i) and (ii) of the Superior Courts Act 10 of 2013 – judgment or order sought on appeal would have no practical effect or result – no exceptional circumstances justifying a consideration of the matter with reference to the issue of costs – appeal dismissed.