South Africa Case Law

Gumede and Others v Nyama and Chips CC and Another (2017/15168)

Gumede and Others v Nyama and Chips CC and Another (2017/15168) [2025] ZAGPJHC 26 (16 January 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2017/15168

Judge

Nico van der Walt

The court found that the exceptions raised by Mergence were unfounded. The allegations regarding the Tsakane store were irrelevant but did not detract from Nyama's core defence, which was based on denial of access to the Protea Point property. Nyama's plea was not mutually destructive, as it was entitled to suspend performance due to Mergence's repudiation prior to rental becoming due. Nyama properly pleaded fulfilment of contractual preconditions for deposit repayment. The lease agreement did not clearly exclude Nyama's claim for loss of profits, which could qualify as general damages in the…

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• Lease Agreement
• Repudiation
• Exceptions To Pleadings
• Deposit Repayment
• Loss Of Profits
• Remission Of Rent

Sizazonke Electrical CC and Others v Eskom Holdings SOC Limited (222/2018)

Sizazonke Electrical CC and Others v Eskom Holdings SOC Limited (222/2018) [2019] ZASCA 36 (29 March 2019)

Court

Supreme Court of Appeal

Case number

222/2018

Judges

Tshiqi, Mbha, Zondi, Davis, Carelse

SCA held Eskom did not repudiate its contracts with Sizazonke; the suspension and cancellation were lawful after a serious safety breach causing fatalities.

• Repudiation Of Contract
• Contractual Damages
• Health And Safety Breach
• Termination Of Contract
• Loss Of Profits
• Repudiation-of-contract

Khourie v Levine and Others (95/06622)

Khourie v Levine and Others (95/06622) [2018] ZAGPJHC 418 (6 June 2018)

Court

South Gauteng High Court, Johannesburg

Case number

95/06622

Judge

David Unterhalter

The High Court refused leave to amend a damages claim because the revised quantification lacked sufficient particularity and was vague and embarrassing.

• Amendment Of Pleadings
• Quantification Of Damages
• Loss Of Profits
• Pleading Particularity
• Breach Of Contract
• Complex Damages

Owners And Parties who bear risk in and to the Pontoon 'Margaret' and the Cargo of two Floating Docks and Twelve Barges v MT 'Salvaliant' (Application to Compel) (AC81/2009, AC144/2010)

Owners And Parties who bear risk in and to the Pontoon 'Margaret' and the Cargo of two Floating Docks and Twelve Barges v MT 'Salvaliant' (Application to Compel) (AC81/2009, AC144/2010) [2015] ZAWCHC 172 (16 November 2015)

Court

Western Cape High Court, Cape Town

Case number

AC81/2009, AC144/2010

Judge

Bozalek

Admiralty application to compel further particulars. The court ordered limited particulars on agreements with the municipality, but refused most other requests.

• Request For Further Particulars
• Loss Of Profits
• Insurance Claims
• Locus Standi
• Quantification Of Damages
• Admiralty-procedure

Intense Heat Investments v VTC Africa Developments (09978/2007)

Intense Heat Investments v VTC Africa Developments (09978/2007) [2015] ZAGPJHC 339 (12 November 2015)

Court

South Gauteng High Court, Johannesburg

Case number

09978/2007

Judge

M Victor

The High Court dismissed an amendment application, finding the proposed loss-of-profits claim introduced a new cause of action that had prescribed.

• Amendment Of Pleadings
• Prescription Act
• Loss Of Profits
• Special Damages
• Amendment-of-pleadings
• Prescription

Rowan Tree 1169 CC v Cowsta Bellegings (Pty) Ltd (3637/2007)

Rowan Tree 1169 CC v Cowsta Bellegings (Pty) Ltd (3637/2007) [2014] ZAECPEHC 41 (19 June 2014)

Court

Eastern Cape High Court, Port Elizabeth

Case number

3637/2007

Judge

Goosen

The High Court quantified damages for a breach of a warranty against eviction, awarding loss of profits, agreed building and retrenchment costs, interest, VAT, and costs.

• Breach Of Contract
• Warranty Against Eviction
• Quantum Of Damages
• Loss Of Profits
• Retrenchment Costs
• Breach-of-contract

Transnet Ltd v Sechaba Photoscan (Pty) Ltd (98/03)

Transnet Ltd v Sechaba Photoscan (Pty) Ltd (98/03) [2004] ZASCA 24; 2005 (1) SA 299 (SCA) (1 April 2004)

Court

Supreme Court of Appeal

Case number

98/03

Judges

Howie, Zulman, Farlam, Lewis, Van Heerden

The Supreme Court of Appeal held that loss of prospective profits can be recovered in delict where a party is fraudulently deprived of a contract.

• Fraudulent Tender Process
• Loss Of Profits
• Quantification Of Damages
• Negative And Positive Interesse
• Public Procurement
• Patrimonial Loss

Kangra Holdings (Pty) Ltd v Minister of Water Affairs (626/95)

Kangra Holdings (Pty) Ltd v Minister of Water Affairs (626/95) [1998] ZASCA 36; 1998 (4) SA 330 (SCA); [1998] 3 All SA 227 (A) (22 May 1998)

Court

Supreme Court of Appeal

Case number

626/95

Judges

C T Howie, Mahomed, Eksteen, Streicher, Van Heerden

The Supreme Court of Appeal held that the appellant's claim for compensation based on the present value of prospective profits from coal rights expropriated under the Water Act was not sustainable under s 12(1)(b) of the Expropriation Act. The court reasoned that only actual financial loss directly caused by expropriation is compensable, and indirect financial loss, including loss of prospective profits contingent on future exploitation and independent actions, is excluded by s 12(5)(e). The court found that the appellant's claimed losses were not directly caused by the expropriation but by n…

Source excerpt

• Expropriation Act
• Compensation For Expropriation
• Actual Financial Loss
• Market Value
• Indirect Loss
• Loss Of Profits