Ndhlovu v Phoshoko (11908/2020) [2024] ZAGPPHC 942 (18 September 2024)

Ndhlovu v Phoshoko (11908/2020) [2024] ZAGPPHC 942 (18 September 2024)

The court found that the plaintiff had proven, with the required measure of certainty, damages resulting from the collapse of the boundary wall constructed unlawfully by the defendant. While many claims were not sufficiently substantiated or were not causally linked to the incident, the court accepted those items supported by documentary evidence, expert opinion, and reasonable inference. The defendant's expert report was persuasive in limiting the scope of compensable damages, particularly regarding structural repairs. The court deducted amounts already paid by the City of Tshwane and disallowed claims not proven or not constituting legal damages. The net proven damages amounted to...

Citation
[2024] ZAGPPHC 942
Parties
Plaintiff: Matlakala Salome Ndhlovu; Defendant: Matome Elias Phoshoko
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
18 September 2024
Case Number
11908/2020
Procedural Posture
Civil Trial / Quantum of Damages
Outcome
Plaintiff's claim for damages is upheld in the proven amount, with costs awarded on an attorney and client scale.
Judges
N Davis
Legal Topics
Neighbour Dispute, Quantification of Damages, Unlawful Building, Pecuniary Loss, Prescribed Rate of Interest Act, Attorney and Client Costs
Delict Land and Property Civil Procedure Neighbour Dispute Quantification of Damages Unlawful Building Pecuniary Loss Prescribed Rate of Interest Act +1 more

Case Brief

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Parties

Matlakala Salome Ndhlovu

Plaintiff

Matome Elias Phoshoko

Defendant

Procedural Posture

Civil Trial / Quantum of Damages

Legal Issues

  1. 1 Whether the plaintiff has proven the quantum of damages suffered as a result of the collapse of the boundary wall.
  2. 2 Which items claimed by the plaintiff constitute compensable damages under South African law.
  3. 3 Whether the defendant is liable for the full amount claimed or only for proven damages.

Ratio Decidendi

The court found that the plaintiff had proven, with the required measure of certainty, damages resulting from the collapse of the boundary wall constructed unlawfully by the defendant. While many claims were not sufficiently substantiated or were not causally linked to the incident, the court accepted those items supported by documentary evidence, expert opinion, and reasonable inference. The defendant's expert report was persuasive in limiting the scope of compensable damages, particularly regarding structural repairs. The court deducted amounts already paid by the City of Tshwane and disallowed claims not proven or not constituting legal damages. The net proven damages amounted to...

Court Disposition

Plaintiff's claim for damages is upheld in the proven amount, with costs awarded on an attorney and client scale.

Orders

  • The defendant is ordered to pay the plaintiff damages in the amount of R485,694.89 together with interest thereon at the rate determined by the Prescribed Rate of Interest Act 55 of 1975 from date of service of the summons until date of payment.
  • The defendant is ordered to pay the plaintiff’s costs on the scale as between attorney and client.