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South Africa decisions
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Shoreline Auctioneers CC v City of Johannesburg Metropolitan Municipality (38105/2017) [2024] ZAGPJHC 464 (8 May 2024)
The High Court granted leave to appeal in an expropriation compensation dispute, finding one ground had reasonable prospects of success.
Burrie Smit Ontwikkelaars (Pty) Ltd v Rustenburg Local Municipality (Leave to Appeal) (2868/2008) [2024] ZANWHC 35 (15 February 2024)
The court granted leave to appeal and cross-appeal on issues of interest and costs arising from an expropriation compensation order.
Pentree Limited v Nelson Mandela Bay Municipality (3199/2013) [2016] ZAECPEHC 83; [2017] 2 All SA 260 (ECP); 2017 (4) SA 32 (ECP) (17 November 2016)
The court held that evidence tendered by an expert valuer based on statements from third parties not called as witnesses is admissible in expropriation proceedings, provided it is presented as information that a notional informed buyer and seller would have considered in determining market value, rather than for the truth of the statements. The probative value of such evidence depends on the weight a notional buyer and seller would attach to it, not on the credibility of the third party. The court found that the reasoning in Lornadawn Investments and subsequent cases remains valid under the c…
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WF Osner Investments (Pty) Ltd v Buffalo City Metropolitan Municipality (ECJ 2004/018) [2004] ZAECHC 2 (16 February 2004)
The court held that a municipality acted within an existing servitude when installing electrical cables across private land, so the application for trespass and expropriation relief failed.
Davis and Another v Mayor and City Councillors of City of Pietermaritzburg (52/89) [1989] ZASCA 52; [1989] 2 All SA 379 (A) (9 May 1989)
The Supreme Court of Appeal held that the compensation for expropriated property must be determined by its market value at the date of notice, taking into account its potential for sectional title development but not the developer's profit that could have been realized had the development occurred. The developer's profit was already deducted in the market value calculation. The Court found that the alleged financial loss was not directly caused by the expropriation, as realization of the profit depended on independent actions and approvals by the appellants and third parties. Therefore, the a…
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Community Development Board v Mahomed and Others (318/1985) [1986] ZASCA 95; [1987] 1 All SA 228 (A) (18 September 1986)
South African expropriation appeal on interest for compensation and the applicable interest rate under section 12(3) of the Expropriation Act.
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