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South Africa decisions
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Augustyn v TWK Agri Insurance (Pty) Ltd (9470/2023P) [2024] ZAKZPHC 19 (18 March 2024)
The High Court held that set-off could not defeat commission owed to an independent insurance marketer where no mutual liquidated debt was proved.
Williams v Pick 'n Pay Retailers (Pty) Ltd and Another (8377/2019) [2023] ZAWCHC 229 (1 September 2023)
The court found that Pick 'n Pay owed a duty of care to its customers to ensure a safe shopping environment. The plaintiff was not negligent; her fall was caused by a spillage that had been present for an appreciable time and not cleaned up. Pick 'n Pay failed to rebut the prima facie inference of negligence arising from the application of res ipsa loquitur, as it did not provide reliable evidence of a cleaning regime or show the spillage was recent. Outsourcing cleaning duties to Bluedot did not absolve Pick 'n Pay of liability, as the duty of care remained with the store. Bluedot, under its…
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N.X obo Y.X v Eskom Holdings Limited and Another (1568/2018) [2023] ZAECMKHC 94 (29 August 2023)
The High Court found the stated case too underdeveloped to decide negligence after a child’s electrocution, and sent the liability issues to trial.
Swarts v Minister of Public Works and Infrastructure and Another (2596/2020) [2022] ZAECQBHC 21 (12 August 2022)
The court found that both the first and second defendants owed a legal duty to the plaintiff and the public to keep the court building safe and free of hazards. The defendants admitted the legal duty but argued that appointing Sky Ground, an independent contractor, discharged their responsibility. The court rejected this argument, holding that merely appointing a contractor did not absolve the defendants of their duty, especially as they failed to monitor or ensure compliance with safety requirements. The evidence established that the plaintiff slipped on water in the passageway, no warning s…
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Dempsey v Ncube and Others (48584/2017) [2022] ZAGPPHC 81 (7 February 2022)
High Court delict case about a child's electrocution in a sectional title complex, considering causation, novus actus interveniens, and vicarious liability.
Holtzhausen v Cenprop Real Estate (Pty) Ltd and Another (A116/20) [2021] ZAWCHC 39; [2021] 2 All SA 457 (WCC); 2021 (4) SA 221 (WCC) (3 March 2021)
High Court appeal over a mall slip-and-fall succeeded, with the owner and manager held liable for failing to take reasonable steps against a wet-floor hazard.
Lamont and Another v Rockland Poultry and Others (193/2010) [2011] ZAECGHC 37 (19 August 2011)
The appeal court found that the trial court erred in granting absolution from the instance at the close of the plaintiff's case. The evidence presented, including expert testimony and discovered documents, was sufficient to establish a prima facie case that warranted the defendants being called to answer. The conflicting versions between the sets of defendants, particularly regarding who installed the generator, meant that material evidence was still outstanding. The reliance on an untested affidavit from a defendant was improper, as it had not been subjected to cross-examination and was not…
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Imperial Truck Systems (Pty) Ltd v Fuel Logistics Group (A369/2010) [2011] ZAWCHC 351 (3 August 2011)
High Court appeal over liability for theft of leased trucks left for weekend servicing; court held the defendant was liable and dismissed the appeal.
Dormac Marine and Engineering (Pty) Ltd v C A Henneberry (305/10) [2011] ZASCA 63 (1 April 2011)
The Supreme Court of Appeal held that Dormac was not shown to have been negligent in supplying lifting equipment, and upheld absolution from the instance.
Vosloo v Ekurhuleni Metropolitan Municipality and Another; Kenny v Ekurhuleni Metropolitan Municipality and Others (32201/05, 32786/05) [2009] ZAGPPHC 87 (17 June 2009)
High Court held the municipality liable for damages from a motorcycle crash at a dangerous road excavation and ordered Estie Civils to indemnify it.
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