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South Africa decisions
Decisions matching the current search
Shabalala v Madikane and Another (2024/092169) [2025] ZAGPJHC 130 (20 February 2025)
The High Court dismissed an insurer’s application to strike out a claim, finding the pleaded case suggested possible misjoinder rather than no cause of action.
N.F v Santam Limited (11554/2017) [2024] ZAWCHC 12 (26 January 2024)
The High Court granted condonation for the late filing of a replication in a medical-malpractice insurance dispute, finding triable issues about coverage and insolvency.
Blackspear Holdings (Pty) Ltd v Bryte Insurance Company Ltd and Another (26150/2020) [2022] ZAGPJHC 332 (16 May 2022)
The High Court held that the loss of mining equipment was caused by labour unrest, making Sasria liable. Sasria was ordered to pay both parties’ costs.
Van Reenen v Santam Ltd (623/12) [2013] ZASCA 74; 2013 (5) SA 595 (SCA) (29 May 2013)
The Supreme Court of Appeal held that the debt became due when the cause of action arose, and Santam’s defence of related proceedings did not interrupt prescription.
Radebe v Nova Risk Partners Ltd and Another (16492/06) [2010] ZAGPPHC 138 (5 October 2010)
The court allowed the plaintiff to amend his particulars of claim, holding the amendment did not introduce a new cause of action and was not barred by prescription.
Dubbelring Trading 172 (Eiendoms) Bpk v Santam Bpk (CA&R 116/2007) [2009] ZANCHC 15 (20 February 2009)
The High Court dismissed an appeal over insurance premiums, finding the pleadings amendment harmless, the company correctly identified, and cover commenced on contract.
Masstores (Pty) Ltd v Murray & Roberts Construction Ltd. (Pty) Ltd. and Another (573/2007) [2008] ZASCA 94; 2008 (6) SA 654 (SCA) ; [2009] 1 All SA 146 (SCA) (12 September 2008)
The Supreme Court of Appeal held that a building contract clause exempted the contractor from liability for damage to the existing structure, even if negligent or grossly negligent.
B C Plant Hire cc t/a B C Carriers v Grenco (SA) (PTY) Ltd (1090/2002) [2003] ZAWCHC 70; [2004] 1 All SA 612 (C); 2004 (4) SA 550 (C) (12 December 2003)
The court found that, despite the parties' confusion and poor pleadings, the substance of their agreement was one of purchase and sale, with the respondent supplying and installing the refrigeration unit for the appellant. The risk of destruction passed to the appellant once the contract became unconditional and the unit was delivered and used by the appellant. The appellant's failure to insure the unit was its own responsibility, and the respondent was entitled to payment for the unit despite its destruction prior to financing. The court rejected arguments based on deposit, loan for use, or…
Source excerpt
Sasria Ltd [formerly South African Special Risks Insurance Assosiation] v Lloyds (Certain Underwriters At Lloyds) (511/2000) [2002] ZASCA 22; [2002] 3 All SA 57 (A); 2002 (4) SA 474 (SCA) (27 March 2002)
The Supreme Court of Appeal held that mora interest on an insurance refund ran from the arbitrator’s award, because a tacit term preserved that due date despite an appeal.
Supermarket Leaseback (Elsburg) (Pty) Ltd. v Santam Insurance (329/89) [1990] ZASCA 131; 1991 (1) SA 410 (AD); (13 November 1990)
The Appellate Division held that section 156 of the Insolvency Act did not let the landlord claim directly from the tenant’s insurer, because the policy covered property damage, not third-party liability.
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