 | Cape of Good Hope (South Africa). Supreme Court - 1892 - 426 pages
...usage is furnished by unoverruled judicial decisions. In the absence of such decisions the Court may take judicial notice of any general custom which is...established but reasonable in itself. Any Dutch law whieh is inconsistent with such wellestablished and reasonable custom, and has not. although relating... | |
 | 1900 - 436 pages
...usage is furnished by an overruled judicial decision. In the absence of such decision the Court may take judicial notice of any general custom which is...reasonable custom, and has not, although relating to a matter of frequent occurrence, been distinctly recognised and acted on by the Supreme Court, may... | |
 | Casper Hendrik Van Zyl - 1902 - 1004 pages
...custom, and has not, although relating to matters of frequent occurrence, been distinctly recognized and acted upon by the Supreme Court, may fairly be held to have been abrogated by disuse. . . ." We have made comparatively few changes in the general principles of the law, affecting Judicial... | |
 | Sir Johannes Wilhelmus Wessels - 1908 - 822 pages
...inconsistent with South African usages. . . . Any Dutch law which is inconsistent with such well-established custom, and has not, although relating to matters...may fairly be held to have been abrogated by disuse " (p. 44). Now South African usages are often built up on the commercial practice prevalent in England,... | |
 | Simon à Groenewegen van der Made - 1908 - 152 pages
...decisions the Court may take judicial notice of any general custom which is not only well-established but reasonable in itself. Any Dutch law which is inconsistent...to matters of frequent occurrence, been distinctly recognized and acted upon by the Supreme Court may fairly be held to have been abrogated by disuse."... | |
 | Robert Warden Lee - 1915 - 404 pages
...decisions the Court may take judicial notice of any general custom which is not only well-established but reasonable in itself. Any Dutch law which is inconsistent...to matters of frequent occurrence, been distinctly recognized and acted upon by the Supreme Court may fairly be held to have been abrogated by disuse.'... | |
 | 1915 - 686 pages
...usage is furnished by unoverruled judicial decisions. In the absence of such decisions the Court may take judicial notice of any general custom which is not only well established but reaTHE JUDICIAL SYSTEM OP SOUTH AFRICA. 301 sonable in itself. Any Dutch law which is inconsistent... | |
 | 1901 - 162 pages
...inconsistent with well-established and reasonable custom, and has not, although relating to a matter of frequent occurrence, been distinctly recognised...fairly be held to have been abrogated by disuse." The particular decision in that case was that the rule of the Dutch law that " when a debtor was sued upon... | |
 | J. W. Wessels, Johannes Wilhelmus Wessels - 2005 - 808 pages
...inconsistent with South African usages. . . . Any Dutch law which is inconsistent with such well-established custom, and has not, although relating to matters...may fairly be held to have been abrogated by disuse" (p. 44). Now South African usages are often built up on the commercial practice prevalent in England,... | |
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Court may c2 take judicial notice of any general custom which is not only well established but reasonable in itself. Any Dutch law which is inconsistent with such well-established and reasonable custom, and has not, although relating to matters of frequent... 