South Africa Case Law

Naidoo v Muswe and Another (D13877/2014)

Naidoo v Muswe and Another (D13877/2014) [2020] ZAKZDHC 12 (8 May 2020)

Court

Kwazulu-Natal High Court, Durban

Case number

D13877/2014

Judge

Steyn

The plaintiff failed to discharge the onus of proving the quantum of damages on a balance of probabilities. The expert evidence presented was insufficient, lacking substantiation and independence, and did not clarify the pre-collision value or establish that the vehicle was damaged beyond economical repair. The plaintiff did not tender available evidence, such as testimony from the Porsche Centre or proof of the vehicle's registration and model. In these circumstances, the court cannot estimate damages and must dismiss the claim. The action is therefore dismissed with costs.

Source excerpt

• Motor Vehicle Collision
• Diminution In Value
• Quantum Of Damages
• Expert Evidence
• Burden Of Proof

Scheibert v Allen (694/2015)

Scheibert v Allen (694/2015) [2016] ZASCA 126 (26 September 2016)

Court

Supreme Court of Appeal

Case number

694/2015

Judges

Lewis, Shongwe, Willis, Saldulker, Dambuza

The Supreme Court of Appeal held that the buyer failed to prove any diminution in value from the breached warranty, so her damages claim failed.

• Breach Of Warranty
• Diminution In Value
• Assessment Of Contractual Damages
• Market Value Measure
• Breach-of-warranty
• Diminution-in-value

Yellow Jacket (Pty) Limited v Smit N.O and Another (1550/05)

Yellow Jacket (Pty) Limited v Smit N.O and Another (1550/05) [2007] ZANCHC 45 (29 June 2007)

Court

Northern Cape High Court, Kimberley

Case number

1550/05

Judge

Mokgohloa

The High Court awarded vehicle-collision damages on a diminution-in-value basis, finding the repair costs exceeded value loss and that the second defendant was liable.

• Motor Vehicle Collision
• Quantum Of Damages
• Diminution In Value
• Expert Evidence
• Absolution From Instance
• Delict