South Africa Case Law

Davis and Deale Irrigation (Pty) Ltd and Another v City of Ekurhuleni Metropolitan and Others (2023-071369)

Davis and Deale Irrigation (Pty) Ltd and Another v City of Ekurhuleni Metropolitan and Others (2023-071369) [2025] ZAGPJHC 475 (19 May 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2023-071369

Judge

N S Krüger

The High Court dismissed an interim interdict against a municipal water-meter contract award, finding no proven fraud, no imminent irreparable harm, and an adequate damages remedy.

• Public Procurement
• Interim Interdict
• Preferential Procurement Policy Framework Act
• Fraud In Tender Process
• Delictual Damages
• Balance Of Convenience

Lisenga v Minister of Justice (1609/2019)

Lisenga v Minister of Justice (1609/2019) [2024] ZAMPMBHC 43 (25 June 2024)

Court

Mbombela High Court, Mpumalanga

Case number

1609/2019

Judge

Mashile

The court found that Lisenga acquired knowledge of the conviction and criminal record in 2012 and 2013 during employment interviews, which constituted the minimum facts necessary to institute a delictual claim against the Minister. Section 12 of the Prescription Act does not require knowledge of legal consequences, only of the facts giving rise to the claim. The exceptions in Section 12(2) and (3) were not applicable, as there was no evidence that the Minister prevented Lisenga from acquiring knowledge, and Lisenga knew the identity of the debtor. The court held that prescription commenced in…

Source excerpt

• Prescription Act
• Institution Of Legal Proceedings Against Organs Of State
• Delictual Damages
• Wrongful Conviction
• Special Plea Of Prescription

Body Corporate of La Mon Villa and Another v Niyakha (Pty) Ltd (17594/2018)

Body Corporate of La Mon Villa and Another v Niyakha (Pty) Ltd (17594/2018) [2022] ZAGPPHC 526 (18 July 2022)

Court

North Gauteng High Court, Pretoria

Case number

17594/2018

Judge

MBONGWE

The High Court upheld an exception to amended particulars of claim in a sectional title dispute, finding no pleaded cause of action and ordering costs.

• Exception To Particulars Of Claim
• Locus Standi
• Voetstoots Clause
• Duty Of Care
• Defective Construction
• Delictual Damages

Merb (Pty) Ltd and Others v Matthews and Others (2020/15069)

Merb (Pty) Ltd and Others v Matthews and Others (2020/15069) [2021] ZAGPJHC 693 (16 November 2021)

Court

South Gauteng High Court, Johannesburg

Case number

2020/15069

Judge

Maier-Frawley

The High Court dismissed an exception to particulars of claim alleging fraud-based rescission of costs orders and damages arising from eviction litigation.

• Fraudulent Misrepresentation
• Rescission Of Costs Order
• Fideicommissum
• Abuse Of Process
• Shareholder Disputes
• Delictual Damages

R.T.W (born H) v G.J.W (2666/2016)

R.T.W (born H) v G.J.W (2666/2016) [2016] ZAECGHC 73 (8 September 2016)

Court

Eastern Cape High Court, Grahamstown

Case number

2666/2016

Judge

M.J Lowe

The court held that the objection to the applicant's amendment was without merit. It is established law that an agreement made an order of court may be set aside or give rise to a claim for damages if induced by fraud, and such a claim is not limited to setting aside the entire agreement. The applicant's proposed amendment, seeking to set aside only the proprietary clauses and to recalculate the accrual, is competent in law and not excipiable. The objection, which argued that only the entire agreement could be set aside, was incorrect. The court allowed the amendment, noting that the claim is…

Source excerpt

• Amendment Of Pleadings
• Fraudulent Misrepresentation
• Matrimonial Property Act
• Accrual System
• Delictual Damages

Ndara and Another v Weir Investments (Pty) Limited and Others (3180/2013)

Ndara and Another v Weir Investments (Pty) Limited and Others (3180/2013) [2015] ZAECGHC 12 (5 March 2015)

Court

Eastern Cape High Court, Grahamstown

Case number

3180/2013

Judge

E Revelas

The High Court upheld a special plea of prescription in a vehicle-sale dispute, finding the plaintiff knew the material facts years before suing.

• Prescription Act
• Fraudulent Misrepresentation
• Instalment Sale Agreement
• Extinctive Prescription
• Contract Cancellation
• Delictual Damages

Rossouw NO and Another v Land and Agricultural Development Bank of South Africa (794/12)

Rossouw NO and Another v Land and Agricultural Development Bank of South Africa (794/12) [2013] ZASCA 106; [2013] 4 All SA 318 (SCA) (13 September 2013)

Court

Supreme Court of Appeal

Case number

794/12

Judges

Brand, Leach, Majiedt, Van der Merwe, Meyer

The Supreme Court of Appeal found that the Bank had acquired ownership of the six pivots delivered to the Trust through a valid instalment sale agreement, as the requirements for transfer of ownership were met. The Trust, acting with mala fides and full knowledge of the Bank's ownership, disposed of the pivots to a third party. The Bank proved all elements of the actio ad exhibendum, including delictual damages calculated at the market value of the pivots at the time of alienation. The court rejected the Trust's arguments regarding set-off for storage costs and the use of estoppel as a cause…

Source excerpt

• Instalment Sale Agreement
• Actio Ad Exhibendum
• Ownership Transfer
• Delictual Damages
• Estoppel
• Fraudulent Misrepresentation

De Lacy and Another v South African Post Office (CCT 24/10)

De Lacy and Another v South African Post Office (CCT 24/10) [2011] ZACC 17; 2011 (9) BCLR 905 (CC) (24 May 2011)

Court

Constitutional Court

Case number

CCT 24/10

Judges

Moseneke DCJ, Ngcobo CJ, Cameron J, Froneman J, Jafta J, Khampepe J, Mogoeng J, Mthiyane AJ, Nkabinde J, Van der Westhuizen J, Yacoob J

The Constitutional Court dismissed the application for direct access, finding that the applicants failed to establish any material factual errors in the Supreme Court of Appeal judgment that could reasonably induce an apprehension of bias. The alleged 114 factual errors were not substantiated, and those identified were either immaterial or mere misdirections, not indicative of bias. The admissions in the pleadings did not establish causally relevant fraudulent intent. The applicants' conduct in pursuing unwarranted and unfounded allegations against the judiciary was found to be vexatious and…

Source excerpt

• Judicial Bias
• Direct Access
• Vicarious Liability
• Tender Irregularities
• Delictual Damages
• Costs Orders

Lithos Corporation of South Africa (Pty) Ltd v Kumba Resources Ltd (35078/06)

Lithos Corporation of South Africa (Pty) Ltd v Kumba Resources Ltd (35078/06) [2010] ZAGPPHC 203 (17 November 2010)

Court

North Gauteng High Court, Pretoria

Case number

35078/06

Judge

Botha

The High Court allowed most of the plaintiff’s amendment to particulars of claim, but refused proposed paragraph 12.E and awarded the defendant costs.

• Breach Of Contract
• Rectification
• Unlawful Competition
• Delictual Damages
• Pleading Amendment
• Pleading-amendment

Bridges v Van Jaarsveld (3662/2006)

Bridges v Van Jaarsveld (3662/2006) [2008] ZAGPHC 342 (11 November 2008)

Court

High Courts - Gauteng

Case number

3662/2006

Judge

Raulinga

The High Court found the defendant wrongfully repudiated a marriage engagement and awarded the plaintiff contractual and delictual damages.

• Breach Of Promise To Marry
• Contractual Damages
• Delictual Damages
• Contumelious Conduct
• Quantification Of Damages
• Breach-of-promise-to-marry