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

Volume 12 Number 1
  • ISSN : 1021-545X
  • E-ISSN: 2411-7870



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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