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South Africa decisions
Decisions matching the current search
Kleynhans v Read (5693/07) [2009] ZAGPPHC 335 (31 August 2009)
High Court defamation/injuria claim dismissed as offensive words were not actionable, but the plaintiff succeeded on a vehicle damage claim.
Raqa v Hofman (A38/2009) [2009] ZAWCHC 90; 2010 (1) SA 302 (WCC) (29 May 2009)
The court held that the respondent did not have locus standi to claim damages under the Aquilian action because he was neither the owner nor the possessor of the vehicle at the time of the damage, nor did he bear the risk of damage. The respondent's interest was contingent and purely financial, arising from his role as guarantor for the payment under the instalment sale agreement, but not as a risk-bearing possessor. The evidence showed that Mr Ngceza, who had possession and bore the risk, was the proper party to claim for the damage. The magistrate erred in treating the respondent as a hire-…
Source excerpt
Artone Press (Pty) Ltd v Haddons Trading (Pty) Ltd (537/92) [1994] ZASCA 44 (29 March 1994)
The court held that the appellant proved on a balance of probabilities that the respondent’s repair staff negligently caused damage to a printing machine.
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