Principle Archive

The term 'property' under Part 30 of the Criminal Procedure Law includes not only the original property in specie but also property into which it has…

The onus of proving that property subject to a restitution or forfeiture order is from the proceeds of theft is on the prosecution, but this onus…

One becomes an accomplice if he is participes criminis (partner in crime) with regard to the offence charged; mere presence at the commission of a crime…

Persons are accomplices if they are participes criminis (partners in crime) in respect of the actual crime charged, whether as principals or accessories before or after…

An interim injunction may properly and lawfully be granted upon an ex parte application in appropriate cases where circumstances justify it; such orders are backed by…

It is not the law that once an affected party applies to be heard in defence of an ex parte motion, the court ipso facto loses…

Any party affected by an order made on an ex parte motion may within 7 days of service (or such further time as the court allows)…

The trial court has full discretion to refuse an application to be heard on an ex parte motion, so long as the discretion is exercised judicially…

The court has an unimpeded right upon the hearing of a motion ex parte to order that other parties who may be affected be put on…

Where the trial court has adverted its mind to all relevant considerations and there is no unfairness or miscarriage of justice, the appellate court should not…

Where the economic situation is such that it is not possible to raise money from banks or financial institutions, it is reasonable to allow more time…

A trial court may consider the economic situation and the history of the case when exercising its discretion, and such considerations indicate that the discretion was…