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South Africa decisions
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Egoli Sport (Pty) Ltd and Others v Global Sports Betting (Pty) Ltd (2024/065348) [2025] ZAGPJHC 575 (10 June 2025)
The High Court upheld an exception to particulars of claim for failing to disclose a cause of action, finding no contractual nexus, delictual duty, or actionable damage pleaded.
Matsilele v Road Accident Fund (1975/2018) [2024] ZALMPPHC 180 (19 November 2024)
High Court judgment on Road Accident Fund liability, holding that the plaintiff failed to prove negligence by the insured driver and dismissing the claim with costs.
Histerix (Pty) t/a Grand Shoe v Heartbeat Business Enterprises CC/ /ta Heartbeat Logistics (In Liquidation) and Another (D359/2018) [2024] ZAKZDHC 44 (1 July 2024)
The High Court granted leave to amend particulars of claim in a damages dispute over lost goods in transit, but ordered the applicant to pay the respondents’ costs.
Paul v Road Accident Fund (10344/2022) [2024] ZALMPPHC 33 (2 April 2024)
The High Court dismissed a Road Accident Fund claim after finding the plaintiff’s version improbable and unproven on negligence and causation.
Mokokoana v Road Accident Fund (10344/2022) [2024] ZALMPPHC 30 (2 April 2024)
The High Court dismissed a Road Accident Fund claim after finding the plaintiff failed to prove negligence by the insured driver and gave an improbable account of the collision.
Thabisang v Polokwane Municipality (4739/2021) [2024] ZALMPPHC 27 (13 March 2024)
The High Court dismissed a damages claim arising from an alleged electrocution at a Polokwane traffic light, finding the plaintiff’s evidence unreliable and uncorroborated.
Essack and Another v Sun International South Africa (Pty) Ltd and Others (2020/23294) [2023] ZAGPJHC 1358 (15 November 2023)
The High Court refused leave to appeal after upholding an exception, finding the plaintiff had not pleaded the required knowledge, negligence, or a pleaded common-law development case.
Royal Bafokeng Resources (Pty) Lyd and Others v Bambatha Engineering and Mining Services (Pty) Ltd and Others (2266/2020) [2022] ZANWHC 48 (2 June 2022)
The court dismissed exceptions to particulars of claim in a delictual action alleging conspiracy, bribery and fraud linked to a mining services contract.
Essack and Another v Sun International South Africa (Pty) Ltd and Others (2020/23294) [2022] ZAGPJHC 353; 2022 (6) SA 221 (GJ) (24 May 2022)
The court held that the duties imposed by the North West Gambling Regulations, specifically regulations 22 and 23, are owed to society through the State and do not confer a civil remedy on excluded persons who breach their own exclusion. The regulatory framework is designed to protect the community, not to insure individual gamblers against their losses. The first plaintiff, having voluntarily excluded himself and then chosen to gamble, is the author of his own misfortune. The pleadings do not establish knowledge on the part of the first defendant of the first plaintiff's identity as an exclu…
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Night Guard CC v Van Den Heever N.O and Others In re: Van Den Heever N.O and Others v Night Guard (2019 / 20886) [2021] ZAGPJHC 657 (24 August 2021)
The court held that the particulars of claim disclose a cause of action in delict against Night Guard. The pleadings sufficiently allege wrongfulness and negligence in the conduct of Night Guard’s security guards, and the necessary requirement for Aquilian liability is present. The court rejected Night Guard’s reliance on Viv’s Tippers, noting that the Constitutional Court in Loureiro overruled the restrictive approach to liability for pure economic loss and affirmed that public policy supports imposing a duty of care on security companies for wrongful and negligent acts. The exceptions raise…
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