South Africa Case Law

Ferreira v Minister of Safety and Security and Another (1159/2018)

Ferreira v Minister of Safety and Security and Another (1159/2018) [2024] ZANCHC 76 (16 August 2024)

Court

Northern Cape High Court, Kimberley

Case number

1159/2018

Judge

Lever

The court held that the claim for damages relating to the transport and repair of the vehicle only became due when the plaintiff became aware of the damage upon the vehicle's return on 13 July 2016. As summons was served within three years of this date, this claim had not prescribed. Regarding loss of income, the court found that while there was a debt from the date of seizure until the forfeiture order, prescription ran for that period and the claim for loss of income from 12 October 2009 to 14 October 2010 had prescribed. However, once the forfeiture order was issued, the defendants were no…

Source excerpt

• Prescription Act
• Continuous Wrong
• Forfeiture Order
• Loss Of Income
• Damages To Property

Gammie N.O. and Others v Creative Counsel (PTY) Ltd and Another (20/44564)

Gammie N.O. and Others v Creative Counsel (PTY) Ltd and Another (20/44564) [2022] ZAGPJHC 792 (3 October 2022)

Court

South Gauteng High Court, Johannesburg

Case number

20/44564

Judge

Strydom

The High Court dismissed three exceptions to a claim over a lease addendum, notice of extension, and a delictual damages claim for property damage.

• Exception Procedure
• Lease Agreement
• Secondary Evidence
• Delictual Liability
• Contractual And Delictual Concurrence
• Damages To Property

Maphoto v Minister of Safety and Security (269/14)

Maphoto v Minister of Safety and Security (269/14) [2017] ZAGPPHC 103 (29 March 2017)

Court

North Gauteng High Court, Pretoria

Case number

269/14

Judge

Petersen

The High Court held the police officer was negligent when he shot at the plaintiff’s vehicle, making the defendant liable for damage to the car.

• Negligence
• Patrimonial Loss
• Unlawful Police Conduct
• Damages To Property
• Police-negligence
• Delict

Two Pedestrians Mining CC v Exxaro NBC Coal (25392/2011)

Two Pedestrians Mining CC v Exxaro NBC Coal (25392/2011) [2013] ZAGPPHC 466 (12 February 2013)

Court

North Gauteng High Court, Pretoria

Case number

25392/2011

Judge

P.A. Meyer

High Court held that a gratuitous carriage of a crusher was not rendered liable by incidental benefits to the carrier; the plaintiff’s own loading negligence caused the damage.

• Contract Of Carriage
• Tacit Terms
• Negligence
• Damages To Property
• Contract-of-carriage
• Tacit-terms