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South Africa decisions
Decisions matching the current search
Palomino Plant SA (Pty) Ltd v Dust-A-Side (Pty) Ltd and Others (86576/2019) [2024] ZAGPPHC 719 (16 July 2024)
High Court case on whether a third party can be joined as a joint wrongdoer in a contractual damages claim under Rule 13. The exception was upheld.
N.N.P obo Minor v Transnet SOC Limited t/a Freight Rail Limited and Another (2561/2016) [2022] ZAGPPHC 830 (27 October 2022)
The High Court held Transnet liable when a train struck a minor near informal settlements by the tracks, finding negligence in fencing, warnings, crossings and speed control.
Malie N.O and Others v Vere (A165/20) [2022] ZAGPPHC 214 (24 March 2022)
Appeal against absolution from the instance in a corruption-based delict claim upheld; the matter was remitted for trial.
FirstRand Bank Limited v The Spar Group Limited (1334/2019) [2021] ZASCA 20; [2021] 2 All SA 680 (SCA); 2021 (5) SA 511 (SCA) (18 March 2021)
The Supreme Court of Appeal held that FirstRand Bank Limited was not entitled to set off Umtshingo's debts against funds deposited by Spar, as Umtshingo had no legitimate claim to those funds and the bank was aware of Spar's entitlement. The bank's knowledge of the true ownership of the funds precluded mutuality required for set off. Spar, as the third party depositor, was entitled to claim the credited amounts from the bank to prevent unjust enrichment. Furthermore, the bank owed a legal duty to Spar to prevent misappropriation of funds and, by enabling Mr Paolo to withdraw funds knowing he…
Source excerpt
Malie N.O and Others v Chisha and Others (101188/2015) [2020] ZAGPPHC 113 (17 March 2020)
The High Court considered absolution from the instance after the plaintiff closed its case, granting it for the third defendant but refusing it for the fifth and sixth defendants.
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