Esheria South Africa Case Law
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South Africa Case Law

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Delict [2009] ZAKZHC 11

Tomasi v Bhangazi Horse Safaris CC (8496/2007)

Tomasi v Bhangazi Horse Safaris CC (8496/2007) [2009] ZAKZHC 11 (20 February 2009)

Court
High Courts - Kwazulu Natal
Case number
8496/2007
Judge
Van Heerden AJ

The High Court held the defendant not negligent, but found the horse acted contra naturam, making the owner liable under actio de pauperie. The indemnity form was not binding.

  • Actio De Pauperie
  • Negligence
  • Indemnity Clause
  • Contractual Exemption
  • Personal Injury
  • Actio-de-pauperie
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Admiralty And Maritime [2008] ZAWCHC 3

MT "Fotiy Krylov" v Owners of the MT "Ruby Deliverer" (181/06)

MT "Fotiy Krylov" v Owners of the MT "Ruby Deliverer" (181/06) [2008] ZAWCHC 3; 2008 (5) SA 434 (C); (12 February 2008)

Court
Western Cape High Court, Cape Town
Case number
181/06
Judge
Davis

The High Court set aside the deemed arrest of MT Fotiy Krylov, holding the respondent had not shown a prima facie maritime lien claim against the vessel.

  • Damage Maritime Lien
  • Associated Ship Arrest
  • Himalaya Clause
  • Exclusive Jurisdiction Clause
  • Time Bar
  • Contractual Exemption
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.