Jacobs N.O and Another v Mantsopa Local Municipality (2756/2015) [2021] ZAFSHC 312 (9 December 2021)

Jacobs N.O and Another v Mantsopa Local Municipality (2756/2015) [2021] ZAFSHC 312 (9 December 2021)

The court found that the plaintiffs failed to provide cogent reasons for the discrepancies between the 2014 and 2020 BLK Quantity Surveyors reports, particularly regarding the quantities of lost livestock and bales. The 2014 report was accepted as the most reliable basis for calculating damages, being closest to the time of the incident and forming part of the pleaded case. The court rejected the plaintiffs' reliance on the 2020 report and determined the quantum of damages using the 2014 report, adjusted for interest and interim payments. The plaintiffs were awarded R1,729,752.83, being the accumulated loss as of October 2020, less the interim payment already made, with interest and costs.

Citation
[2021] ZAFSHC 312
Parties
Plaintiff: Zanoxolo Jacobs N.O.; Plaintiff: Nandipha Jacobs N.O.; Defendant: Mantsopa Local Municipality
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
9 December 2021
Case Number
2756/2015
Procedural Posture
Civil Trial / Quantum Determination After Liability Established
Outcome
Plaintiffs succeed in part; damages awarded based on 2014 report, less interim payment.
Judges
Mhlambi
Legal Topics
Negligence, Quantification of Damages, Loss of Livestock, Loss of Grazing, Interest on Damages
Delict Land and Property Negligence Quantification of Damages Loss of Livestock Loss of Grazing Interest on Damages

Case Brief

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Parties

Zanoxolo Jacobs N.O.

Plaintiff

Nandipha Jacobs N.O.

Plaintiff

Mantsopa Local Municipality

Defendant

Procedural Posture

Civil Trial / Quantum Determination After Liability Established

Legal Issues

  1. 1 Whether the plaintiffs proved the quantum of damages suffered as a result of the fire caused by the defendant's negligence.
  2. 2 Which expert report (2014 or 2020 BLK Quantity Surveyors) should be accepted as the basis for calculating damages.
  3. 3 Whether the plaintiffs provided sufficient evidence for the quantities of lost or damaged items.

Ratio Decidendi

The court found that the plaintiffs failed to provide cogent reasons for the discrepancies between the 2014 and 2020 BLK Quantity Surveyors reports, particularly regarding the quantities of lost livestock and bales. The 2014 report was accepted as the most reliable basis for calculating damages, being closest to the time of the incident and forming part of the pleaded case. The court rejected the plaintiffs' reliance on the 2020 report and determined the quantum of damages using the 2014 report, adjusted for interest and interim payments. The plaintiffs were awarded R1,729,752.83, being the accumulated loss as of October 2020, less the interim payment already made, with interest and costs.

Court Disposition

Plaintiffs succeed in part; damages awarded based on 2014 report, less interim payment.

Orders

  • The defendant is ordered to pay the amount of R1,729,752.83 to the plaintiffs.
  • Interest at the rate of 7% per annum from the date of judgment to the date of final payment.