Nhlapo v Zimu (2016/8478) [2017] ZAGPJHC 236 (1 September 2017)

Nhlapo v Zimu (2016/8478) [2017] ZAGPJHC 236 (1 September 2017)

The court held that claims for prospective losses arising from breach of promise to marry are no longer recognised in South African law, as such claims do not reflect current public policy or constitutional values. The plaintiff's claim for prospective losses was dismissed. However, the court found that the plaintiff had proven entitlement to actual damages for expenses incurred in anticipation of marriage, specifically half the cost of in vitro fertilisation treatment, based on express or tacit agreement between the parties. The plaintiff was also awarded modest sentimental damages under the actio iniuriarum, as the defendant's conduct in ending the engagement was found to be...

Citation
[2017] ZAGPJHC 236
Parties
Plaintiff: Nhlapo, Faliclity Noncebo; Defendant: Zimu, Mtshengu Wilbeforce
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
1 September 2017
Case Number
2016/8478
Procedural Posture
Civil Action / Final Judgment
Outcome
Plaintiff's claim for prospective losses dismissed; plaintiff awarded actual damages and sentimental damages for breach of promise to marry.
Judges
Adams
Legal Topics
Breach of Promise to Marry, Contractual Damages, Actio Iniuriarum, Unjust Enrichment, Public Policy, Sentimental Damages
Family and Children Civil Procedure Breach of Promise to Marry Contractual Damages Actio Iniuriarum Unjust Enrichment Public Policy Sentimental Damages

Case Brief

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Parties

Nhlapo, Faliclity Noncebo

Plaintiff

Zimu, Mtshengu Wilbeforce

Defendant

Procedural Posture

Civil Action / Final Judgment

Legal Issues

  1. 1 Whether a claim for prospective losses based on breach of promise to marry is sustainable under South African law.
  2. 2 Whether the plaintiff is entitled to actual damages for expenses incurred in anticipation of marriage.
  3. 3 Whether the plaintiff is entitled to sentimental damages under the actio iniuriarum for contumelious repudiation of engagement.

Ratio Decidendi

The court held that claims for prospective losses arising from breach of promise to marry are no longer recognised in South African law, as such claims do not reflect current public policy or constitutional values. The plaintiff's claim for prospective losses was dismissed. However, the court found that the plaintiff had proven entitlement to actual damages for expenses incurred in anticipation of marriage, specifically half the cost of in vitro fertilisation treatment, based on express or tacit agreement between the parties. The plaintiff was also awarded modest sentimental damages under the actio iniuriarum, as the defendant's conduct in ending the engagement was found to be...

Court Disposition

Plaintiff's claim for prospective losses dismissed; plaintiff awarded actual damages and sentimental damages for breach of promise to marry.

Orders

  • The defendant shall pay to the plaintiff the sum of R123 149.63.
  • The defendant shall pay to the plaintiff interest on the amount of R123 149.63 at the legal rate of 10.5% per annum from date of judgment to date of final payment.