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South Africa Case Law

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Delict [2017] ZASCA 57

MTO Forestry (Pty) Ltd v Swart N.O. (420/2016)

MTO Forestry (Pty) Ltd v Swart N.O. (420/2016) [2017] ZASCA 57; [2017] 3 All SA 502 (SCA); 2017 (5) SA 76 (SCA) (22 May 2017)

The Supreme Court of Appeal dismissed a forestry company’s delict claim arising from a fire that spread from neighbouring land, finding reasonable preventive steps were taken.

  • Negligent Omission
  • Presumption Of Negligence
  • National Veld And Forest Fire Act
  • Wrongfulness
  • Fire Damage
  • Landowner Liability
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Delict [2011] ZAGPPHC 139

Prime Invest 253 (Pty) Ltd and Others v 114-11th Road Kew (Pty) Ltd and Others (57426/2009)

Prime Invest 253 (Pty) Ltd and Others v 114-11th Road Kew (Pty) Ltd and Others (57426/2009) [2011] ZAGPPHC 139 (27 July 2011)

The court held several defendants liable for fire damage after finding negligent handling and storage of flammable materials and non-compliance with fire safety rules.

  • Negligence
  • Causation
  • Res Ipsa Loquitur
  • Building Regulations
  • Fire Safety
  • Landowner Liability
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Land And Property [2010] ZAGPPHC 286

Heinrich N.O and Others v Eagle Canyon Golf Estate (Pty) Limited and Another (131881009)

Heinrich N.O and Others v Eagle Canyon Golf Estate (Pty) Limited and Another (131881009) [2010] ZAGPPHC 286 (30 April 2010)

The High Court dismissed leave to appeal, holding that the respondents had to abate a nuisance caused by golf balls from their property and that the applicants need not pay for it.

  • Nuisance
  • Abatement Of Nuisance
  • Landowner Liability
  • Abatement-of-nuisance
  • Landowner-liability
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.