Minnaar N.O and Others v Henri McNaughton & Partners and Others (634/2010) [2014] ZAECGHC 5; [2014] 2 All SA 352 (ECG) (31 January 2014)

Minnaar N.O and Others v Henri McNaughton & Partners and Others (634/2010) [2014] ZAECGHC 5; [2014] 2 All SA 352 (ECG) (31 January 2014)

The court held that the facts pleaded by the plaintiffs, including the terms of the lease, are sufficient to sustain a claim in delict. The conduct alleged involved positive acts and control over hazardous objects, which gave rise to a duty of care independent of the contract. The lease agreement was the field of origin for the duty of care, but did not exclude delictual liability. The insurance and indemnity clauses did not preclude a claim in delict, and the conduct complained of was not merely inefficient farming but rather a breach of an overriding duty of care. The exception was therefore dismissed.

Citation
[2014] ZAECGHC 5
Parties
Plaintiff: George Bremner Minnaar N.O; Plaintiff: Chase Dennis Minnaar N.O; Plaintiff: Johannes Josias van Wyk N.O; Defendant: Henri McNaughton & Partners; Defendant: Roland Graham McNaughton; Defendant: Adrian Graham McNaughton
Court
Eastern Cape High Court, Grahamstown
Jurisdiction
South Africa
Judgment Date
31 January 2014
Case Number
634/2010
Procedural Posture
Civil Procedure / Exception to Particulars of Claim
Outcome
Exception dismissed with costs.
Judges
M Roberson
Legal Topics
Aquilian Action, Lease Agreement Liability, Negligence, Damage to Property, Exception Procedure, Duty of Care
Delict Land and Property Civil Procedure Aquilian Action Lease Agreement Liability Negligence Damage to Property Exception Procedure +1 more

Case Brief

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Parties

George Bremner Minnaar N.O

Plaintiff

Chase Dennis Minnaar N.O

Plaintiff

Johannes Josias van Wyk N.O

Plaintiff

Henri McNaughton & Partners

Defendant

Roland Graham McNaughton

Defendant

Adrian Graham McNaughton

Defendant

Procedural Posture

Civil Procedure / Exception to Particulars of Claim

Legal Issues

  1. 1 Whether the plaintiffs' particulars of claim disclose a cause of action in delict despite the existence of a lease agreement.
  2. 2 Whether the terms of the lease exclude delictual liability and confine remedies to those provided in contract.
  3. 3 Whether the pleaded conduct constitutes wrongful and negligent acts giving rise to Aquilian liability.

Ratio Decidendi

The court held that the facts pleaded by the plaintiffs, including the terms of the lease, are sufficient to sustain a claim in delict. The conduct alleged involved positive acts and control over hazardous objects, which gave rise to a duty of care independent of the contract. The lease agreement was the field of origin for the duty of care, but did not exclude delictual liability. The insurance and indemnity clauses did not preclude a claim in delict, and the conduct complained of was not merely inefficient farming but rather a breach of an overriding duty of care. The exception was therefore dismissed.

Court Disposition

Exception dismissed with costs.

Orders

  • The exception is dismissed.
  • The defendants are ordered to pay the costs of the exception.