South Africa Case Law

Solatha General Trade CC vs Intertown Transport (Pty) Ltd (3104/2021)

Solatha General Trade CC vs Intertown Transport (Pty) Ltd (3104/2021) [2023] ZAECQBHC 32 (6 June 2023)

Court

Eastern Cape High Court, Gqeberha

Case number

3104/2021

Judge

O H Ronaasen

The court held that the plaintiff's particulars of claim disclosed a valid cause of action against the defendant as a carrier and bailee for reward. The essential averments required for a contract of carriage were present, and the defendant bore the onus to prove that any loss or damage occurred without its fault. The plaintiff was not required to allege that the defendant's employees acted within the scope and course of their employment, as the nature of the contract and the legal principles governing carriers and bailees rendered such averments superfluous. The exception was therefore witho…

Source excerpt

• Contract Of Carriage
• Negligence
• Bailee Liability
• Pleading Requirements
• Exception Procedure

Tavcor Motors (Pty) Ltd v Parmalat SA (Pty) Ltd and Another (CA197/2016)

Tavcor Motors (Pty) Ltd v Parmalat SA (Pty) Ltd and Another (CA197/2016) [2017] ZAECGHC 28 (7 March 2017)

Court

Eastern Cape High Court, Grahamstown

Case number

CA197/2016

Judges

C Plasket, SM Mbenenge

The High Court held that Tavcor, though not owner of the vehicle, had standing to sue for damage because it possessed the vehicle and had assumed the risk.

• Aquilian Action
• Standing To Sue
• Bailee Liability
• Risk Bearing Responsibility
• Costs On Appeal
• Standing-to-sue