oa Fundamina : A Journal of Legal History - Did the Supreme Court of the Colony of the Cape of Good Hope have equity jurisdiction?



Extracted from text ...DID THE SUPREME COURT OF THE COLONY OF THE CAPE OF GOOD HOPE HAVE EQUITY JURISDICTION? Philip J Thomas (University of Pretoria) 1 Introduction Society, the law and transformation form an interesting threefold in that, while society is in a permanent state of transformation, 1 the law is notoriously slow in making changes. A case in point is the decision in Bank of Lisbon v De Ornelas, 2 where the Appellate Division (as it was then) held ex post facto that the exceptio doli had never been part of Roman-Dutch law3 and stated in the same breath that ..


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