Marius Blom & GC Germishuizen Inc v Tshwane Metropolitan Municipality Council (8/2011) [2015] ZAGPPHC 591 (22 May 2015)

Marius Blom & GC Germishuizen Inc v Tshwane Metropolitan Municipality Council (8/2011) [2015] ZAGPPHC 591 (22 May 2015)

The court found that the defendant unlawfully disconnected electricity to the plaintiff's business premises, causing a loss of income for two days. Although the plaintiff failed to produce management accounts for April and May 2010, the court accepted the average monthly income from the available financial statements for 2010 as the best available evidence. The court calculated the daily loss and awarded damages for two days. The claim for general damages based on defamation was dismissed due to inadequate pleading and lack of evidence. Costs were awarded on the Magistrates' Court scale, as the monetary value of the claim fell within that jurisdiction.

Citation
[2015] ZAGPPHC 591
Parties
Plaintiff: Marius Blom & GC Germishuizen Inc; Defendant: Tshwane Metropolitan Municipality Council
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
22 May 2015
Case Number
8/2011
Procedural Posture
Civil Trial / Quantum Determination After Liability Conceded
Outcome
Plaintiff's claim for loss of income succeeds; claim for general damages (defamation) is dismissed.
Judges
Ncongwane
Legal Topics
Unlawful Disconnection of Electricity, Loss of Income, Quantum of Damages, Defamation, Municipal Services, Best Evidence Rule
Delict Land and Property Civil Procedure Unlawful Disconnection of Electricity Loss of Income Quantum of Damages Defamation Municipal Services +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Marius Blom & GC Germishuizen Inc

Plaintiff

Tshwane Metropolitan Municipality Council

Defendant

Procedural Posture

Civil Trial / Quantum Determination After Liability Conceded

Legal Issues

  1. 1 Whether the plaintiff proved loss of income resulting from the unlawful disconnection of electricity by the defendant.
  2. 2 Whether the plaintiff is entitled to general damages for defamation arising from the defendant's conduct.
  3. 3 What is the appropriate quantum of damages for the two days of lost electricity supply.

Ratio Decidendi

The court found that the defendant unlawfully disconnected electricity to the plaintiff's business premises, causing a loss of income for two days. Although the plaintiff failed to produce management accounts for April and May 2010, the court accepted the average monthly income from the available financial statements for 2010 as the best available evidence. The court calculated the daily loss and awarded damages for two days. The claim for general damages based on defamation was dismissed due to inadequate pleading and lack of evidence. Costs were awarded on the Magistrates' Court scale, as the monetary value of the claim fell within that jurisdiction.

Court Disposition

Plaintiff's claim for loss of income succeeds; claim for general damages (defamation) is dismissed.

Orders

  • The defendant is ordered to pay the plaintiff a sum of R35 114.92.
  • Interest on the said amount at the applicable rate from the date of this order.