Declaratory order – Attachment unlawful – Separate Legal Personality – Insolvent estate of member or shareholder – The deputy sheriff attached properties in possession of a juristic person as part of the property in the insolvent estate on the erstwhile member or shareholder of that juristic person. The attachment declared to be unlawful and invalid and set aside.

Civil Procedure – Reviews – Requirement – Must be brought within a reasonable time – Where delay – Determine whether the delay was unreasonable – Statutory Interpretation – Principles – Essentially one unitary exercise – Statutory power – Administrative action – Notice – Incorrectly stated – Conditions for its exercise observed – Action not invalidated – Costs – Public interest – Biowatch principle applicable.

Practice – Civil procedure – Summary judgment – High Court Rule 60(2) – Requirements for verifying affidavits – How and whether they are met – Relevance of the ‘swear positively to the facts’ requirement – Rule 60(2)(a) – Apart from the amount, if any, claimed, the cause of action (the facta probanda), howsoever disclosed in the particulars of claim, must be verified without exceeding the limit of a plaintiff’s case at summary judgment stage and without exposing a defendant to undue process – Verifying the facta probantia may leave the cause of action, howsoever disclosed in the particulars of claim, unverified – Perfect particulars of claim without a valid summary judgment application cannot result in summary judgment.

Amendment – Application for leave to amend plea and to introduce a counter-claim – Delay – To be granted unless the respondent is prejudiced, and the prejudice cannot be cured by an appropriate order as to costs. Issue Estoppel – Special Plea – Determination of special plea not a basis for issue estoppel on the merits.

Criminal Procedure – Sentence – Appellant convicted on a count of murder dolus eventualis – Sentenced to sixteen (16) years’ imprisonment two (2) years suspended – Condonation application –  Delay of almost 8 years excessive and inordinate – Reasons for delay inadequate – No prospects of success on appeal – No misdirection by court a quo in imposition of sentence – Condonation dismissed.