Kangra Holdings (Pty) Ltd v Minister of Water Affairs (626/95)
Kangra Holdings (Pty) Ltd v Minister of Water Affairs (626/95) [1998] ZASCA 36; 1998 (4) SA 330 (SCA); [1998] 3 All SA 227 (A) (22 May 1998)
The Supreme Court of Appeal held that the appellant's claim for compensation based on the present value of prospective profits from coal rights expropriated under the Water Act was not sustainable under s 12(1)(b) of the Expropriation Act. The court reasoned that only actual financial loss directly caused by expropriation is compensable, and indirect financial loss, including loss of prospective profits contingent on future exploitation and independent actions, is excluded by s 12(5)(e). The court found that the appellant's claimed losses were not directly caused by the expropriation but by n…
Source excerpt
- Expropriation Act
- Compensation For Expropriation
- Actual Financial Loss
- Market Value
- Indirect Loss
- Loss Of Profits