Davis and Another v Mayor and City Councillors of City of Pietermaritzburg (52/89)
Davis and Another v Mayor and City Councillors of City of Pietermaritzburg (52/89) [1989] ZASCA 52; [1989] 2 All SA 379 (A) (9 May 1989)
The Supreme Court of Appeal held that the compensation for expropriated property must be determined by its market value at the date of notice, taking into account its potential for sectional title development but not the developer's profit that could have been realized had the development occurred. The developer's profit was already deducted in the market value calculation. The Court found that the alleged financial loss was not directly caused by the expropriation, as realization of the profit depended on independent actions and approvals by the appellants and third parties. Therefore, the a…
Source excerpt
- Expropriation Act 1975
- Compensation For Expropriation
- Market Value Assessment
- Actual Financial Loss
- Causation In Expropriation