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Land And Property [2021] ZAGPJHC 712

Matthews v Douglasdale Dairy (Pty) Ltd (31670/19)

Matthews v Douglasdale Dairy (Pty) Ltd (31670/19) [2021] ZAGPJHC 712 (25 February 2021)

The court held that the plaintiff's pleadings, although framed as damages for 'holding over', disclose a valid cause of action in delict for patrimonial loss arising from the defendant's continued unlawful occupation of the property. The term 'holding over' is not confined to contractual claims and may encompass delictual claims for damages where a subsequent owner is deprived of use and enjoyment of property. The exception was dismissed as the pleadings, interpreted reasonably, support a claim under the actio legis Aquilia. Regarding joinder, the court found that the co-owner, Mr Rowan Matth…

  • Holding Over Damages
  • Actio Legis Aquilia
  • Joinder Of Co Owners
  • Exception To Pleadings
  • Unlawful Occupation
  • Patrimonial Loss
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