Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
South Africa decisions
Decisions matching the current search
Badenhorst and Another v Retief and Another (13145/13) [2013] ZAWCHC 181 (5 December 2013)
The High Court refused interim interdictory relief stopping building work pending review of municipal plan approval, applying the SCA approach in True Motives.
FSV Properties CC v City of Johannesburg (09/22830) [2012] ZAGPJHC 44 (9 March 2012)
High Court expropriation dispute held that municipal valuations could be used for compensation, with statutory 5% added, plus interest and costs.
Le Roux v MacDonald's Transport Upington (Pty) Ltd (767/07) [2011] ZANCHC 1 (25 February 2011)
The court found that the defendant breached the contract by failing to deliver the TLB as agreed. The plaintiff provided sufficient evidence of the market value of the TLB at the time of breach, which was accepted as R130,000. The defendant's application for absolution was dismissed, as the plaintiff established a prima facie case on all elements. The argument that the plaintiff could be unjustly enriched by subsequently claiming the TLB was rejected, as a final judgment would render the matter res judicata. The plaintiff was awarded damages equal to the market value of the TLB, with interest…
Source excerpt
Du Toit v Minister of Transport (CCT22/04) [2005] ZACC 9; 2005 (11) BCLR 1053 (CC); 2006 (1) SA 297 (CC) (8 September 2005)
The Constitutional Court held that the correct approach to compensation for expropriation under the National Roads Act and Expropriation Act is to apply the statutory mechanism for compensation and then test the result against the constitutional standard of just and equitable compensation under section 25(3) of the Constitution. The Court found that what was expropriated was a temporary right to use the applicant's land to create a quarry and remove gravel for public road construction, not the gravel itself. Both the High Court and SCA were correct in applying section 12(1)(b) of the Expropri…
Source excerpt
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)
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
Incorporated General Insurance Ltd. v Harris (41/84) [1984] ZASCA 38 (29 March 1984)
The appellate division reduced a damages award for a damaged bus to R4,250, holding the trial court had erred in valuing component parts instead of the vehicle as a whole.
Explore more
