South Africa Case Law

Joubert and Others v Louw (CIV APP RC 08/2022)

Joubert and Others v Louw (CIV APP RC 08/2022) [2023] ZANWHC 102 (22 June 2023)

Court

North West High Court, Mafikeng

Case number

CIV APP RC 08/2022

Judges

FMM Reid, A Reddy

The court held that Mrs Louw lacked locus standi to institute the action in her personal capacity, as the damages claimed related to a property registered in her husband's name and payments made by him. The power of attorney was attached only in replication and not in the particulars of claim, denying the defendants an opportunity to plead to it. The pleadings were mutually exclusive: Mrs Louw claimed personally for damages to her house, while the replication suggested she acted on behalf of her husband. The court found that Mrs Louw did not have a sufficient and direct interest in the litiga…

Source excerpt

• Locus Standi
• Power Of Attorney
• Professional Negligence
• Damages
• Pleadings
• Absolution Of Instance

BBT Electrical and Plumbing Construction and Maintenance t/a BBT Construction v Setshabelo Trading 647 (Pty) Ltd (3367/2019)

BBT Electrical and Plumbing Construction and Maintenance t/a BBT Construction v Setshabelo Trading 647 (Pty) Ltd (3367/2019) [2022] ZAFSHC 221 (2 September 2022)

Court

Free State High Court, Bloemfontein

Case number

3367/2019

Judge

C Reinders

The court granted absolution of the instance after finding the plaintiff cancelled the agreement but failed to prove damages flowing from that cancellation.

• Contract Cancellation
• Damages For Breach
• Specific Performance
• Absolution Of Instance
• Contract-cancellation
• Damages-for-breach

Dalmar Plant Hire (Pty) Ltd v RMB Structured Insurance Ltd and Another (A219/2018)

Dalmar Plant Hire (Pty) Ltd v RMB Structured Insurance Ltd and Another (A219/2018) [2022] ZAGPPHC 454 (24 June 2022)

Court

North Gauteng High Court, Pretoria

Case number

A219/2018

Judges

Tolmay, Baqwa, Sardiwalle

Appeal against absolution succeeded where the High Court found a prima facie case that an insurance broker failed to warn of a material change in tracking-device requirements.

• Insurance Broker Duties
• Material Change In Policy
• Absolution Of Instance
• Contractual Interpretation
• Professional Negligence
• Insurance-broker-duties