Leopiet Ontwikkeling (Pty) Ltd v Lephalale Municipality (7355/20)
Leopiet Ontwikkeling (Pty) Ltd v Lephalale Municipality (7355/20) [2023] ZALMPPHC 15 (23 March 2023)
The court found that the plaintiff's particulars of claim failed to disclose a cause of action in respect of wrongfulness and negligence, which are essential elements for delictual liability. The statutes relied upon, namely the Municipal Structures Act and the Constitution, do not provide a basis for the relief sought, and only NEMA may be relevant if properly pleaded. The plaintiff did not allege the necessary causal link, wrongfulness, or negligence, nor did it set out steps taken to mitigate damages as required by law. The exception was upheld, but the plaintiff was granted leave to amend…
Source excerpt
- Municipal Liability
- Nema Section 28
- Wrongfulness And Negligence
- Exception To Particulars Of Claim
- Damages For Environmental Harm