Fantique Trade 675 CC v Eskom (14132/02) [2007] ZAGPHC 109 (20 June 2007)

Fantique Trade 675 CC v Eskom (14132/02) [2007] ZAGPHC 109 (20 June 2007)

The court found that Eskom's employees acted wrongfully and negligently by cutting the plaintiff's trees without prior notification and in a manner inconsistent with professional pruning, resulting in irreparable damage and loss of production. The way-leave agreement required prior notification and permitted only pruning, not the complete cutting down of trees. The plaintiff's conduct in planting trees under the power line did not amount to unlawful negligence precluding recovery, as such planting is common and permissible if the trees do not interfere with the power line. The damage caused by Eskom's employees was a novus causa interveniens, breaking any causal link with the plaintiff's...

Citation
[2007] ZAGPHC 109
Parties
Plaintiff: Fantique Trade 675 CC; Defendant: Eskom
Court
High Courts - Gauteng
Jurisdiction
South Africa
Judgment Date
20 June 2007
Case Number
14132/02
Procedural Posture
Civil Trial / Judgment After Trial
Outcome
Plaintiff's claim for damages succeeds.
Judges
Murphy
Legal Topics
Way Leave Agreement, Negligent Damage to Property, Quantification of Damages, Prescribed Rate of Interest Act
Land and Property Delict Way Leave Agreement Negligent Damage to Property Quantification of Damages Prescribed Rate of Interest Act

Case Brief

Summary, issues, holding and outcome

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Parties

Fantique Trade 675 CC

Plaintiff

Eskom

Defendant

Procedural Posture

Civil Trial / Judgment After Trial

Legal Issues

  1. 1 Whether Eskom's conduct in cutting the plaintiff's trees constituted wrongful and negligent conduct entitling the plaintiff to damages.
  2. 2 Whether Eskom was justified in its actions under the terms of the way-leave agreement.
  3. 3 Whether the plaintiff's alleged breach of the agreement precluded its claim for damages.

Ratio Decidendi

The court found that Eskom's employees acted wrongfully and negligently by cutting the plaintiff's trees without prior notification and in a manner inconsistent with professional pruning, resulting in irreparable damage and loss of production. The way-leave agreement required prior notification and permitted only pruning, not the complete cutting down of trees. The plaintiff's conduct in planting trees under the power line did not amount to unlawful negligence precluding recovery, as such planting is common and permissible if the trees do not interfere with the power line. The damage caused by Eskom's employees was a novus causa interveniens, breaking any causal link with the plaintiff's...

Court Disposition

Plaintiff's claim for damages succeeds.

Orders

  • The defendant is ordered to pay the plaintiff an amount of R1,973,763.37 together with interest at a rate of 15.5% per annum from 29 May 2002 until date of payment.
  • The defendant is ordered to pay the costs of suit.