South Africa Case Law

Nieuco Properties 1005 (Pty) Ltd and Another v Trustees for the time being of the Inkululeko Community Trust and Others (27524/13)

Nieuco Properties 1005 (Pty) Ltd and Another v Trustees for the time being of the Inkululeko Community Trust and Others (27524/13) [2017] ZAGPPHC 179 (29 March 2017)

Court

North Gauteng High Court, Pretoria

Case number

27524/13

Judge

Petersen

The court held that the National Veld and Forest Fire Act's definition of 'owner' is non-exhaustive and includes both the registered owner and a lessee who controls the land. In this case, the lease agreement transferred possession and control of the State land to Mr Maseko, the lessee, who was responsible for compliance with statutory fire protection duties. The Act does not require the lease agreement to enumerate every statutory obligation, and the lessee, as a person engaging in farming, is expected to be aware of relevant legal duties. The second defendant, as owner, was not liable for t…

Source excerpt

• National Veld And Forest Fire Act
• Statutory Duties Of Owner
• Lease Agreement Liability
• Presumption Of Negligence
• Firebreak Obligations

Arrow Rest Safari's v Mziki Safari Lodge (69613/2014)

Arrow Rest Safari's v Mziki Safari Lodge (69613/2014) [2017] ZAGPPHC 960 (28 March 2017)

Court

North Gauteng High Court, Pretoria

Case number

69613/2014

Judge

E Molahlehi

The High Court upheld an exception to a damages claim arising from a fire, finding the particulars of claim vague and embarrassing and granting leave to amend.

• Exception Procedure
• Vague And Embarrassing Pleading
• Negligence
• Lease Agreement Liability
• Exception-procedure
• Vague-and-embarrassing-pleading

Minnaar N.O and Others v Henri McNaughton & Partners and Others (634/2010)

Minnaar N.O and Others v Henri McNaughton & Partners and Others (634/2010) [2014] ZAECGHC 5; [2014] 2 All SA 352 (ECG) (31 January 2014)

Court

Eastern Cape High Court, Grahamstown

Case number

634/2010

Judge

M Roberson

The court held that the facts pleaded by the plaintiffs, including the terms of the lease, are sufficient to sustain a claim in delict. The conduct alleged involved positive acts and control over hazardous objects, which gave rise to a duty of care independent of the contract. The lease agreement was the field of origin for the duty of care, but did not exclude delictual liability. The insurance and indemnity clauses did not preclude a claim in delict, and the conduct complained of was not merely inefficient farming but rather a breach of an overriding duty of care. The exception was therefor…

Source excerpt

• Aquilian Action
• Lease Agreement Liability
• Negligence
• Damage To Property
• Exception Procedure
• Duty Of Care

Cecil Bonga Hlophe t/a Thabizolo Services v Ithala Development Finance Corporation Ltd (7749/10)

Cecil Bonga Hlophe t/a Thabizolo Services v Ithala Development Finance Corporation Ltd (7749/10) [2013] ZAKZPHC 49 (9 October 2013)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

7749/10

Judge

Stretch AJ

The High Court rescinded a default judgment after finding a prima facie defence on liability and quantum, despite rejecting the applicant’s explanation for default.

• Rescission Of Default Judgment
• Service Of Process
• Lease Agreement Liability
• Prescription
• Quantum Of Debt
• Rescission-of-default-judgment