South Africa Case Law

Nadella Corporation v MV "Falcon Traveller" and Another (A74/2015)

Nadella Corporation v MV "Falcon Traveller" and Another (A74/2015) [2016] ZAKZDHC 59 (1 April 2016)

Court

Kwazulu-Natal High Court, Durban

Case number

A74/2015

Judge

Poyo Dlwati

The court found that Nadella Corporation had an enforceable maritime claim against Falcon Shipping, as evidenced by the indemnity clause and the subsequent arrest of the Falcon Carrier in Bangladesh. However, the court held that Nadella failed to prove, on a balance of probabilities, that the MV "Falcon Traveller" was an associated ship of the MV "Falcon Carrier" at the time the claim arose. Ownership and control of the vessels were distinct, with Falcon Shipping and Newbrook Shipping Corporation being separate entities, and Bekkers acting only as a management company. The cross mortgaging of…

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• Associated Ship Arrest
• Security For Claim
• Ownership And Control
• Cross Mortgaging
• Maritime Lien
• Arbitration Security

Cornelissen v Siyancuma Munisipaliteit (CA&R 45/2009)

Cornelissen v Siyancuma Munisipaliteit (CA&R 45/2009) [2010] ZANCHC 34 (20 August 2010)

Court

Northern Cape High Court, Kimberley

Case number

CA&R 45/2009

Judges

Olivier, Majiedt

The court held that the appellant failed to provide a satisfactory explanation for the delay in prosecuting the appeal, as the rules do not require the record to be available before applying for a hearing date. The unavailability of the record was not a valid excuse. On the merits, the court found that the respondent did not owe a legal duty to maintain the fence adjacent to the public road, as no animals were kept on the relevant land and grazing was expressly prohibited. The facts were distinguishable from the cases relied upon by the appellant, as there was no foreseeability of harm and no…

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• Condonation Of Late Appeal
• Negligence
• Duty Of Care
• Municipal Liability
• Maintenance Of Fencing
• Ownership And Control

Minister of Water Affairs and Forestry and Others v Durr and Others (278/05)

Minister of Water Affairs and Forestry and Others v Durr and Others (278/05) [2006] ZASCA 102; [2007] 1 All SA 337 (SCA); 2006 (6) SA 587 (SCA) (14 September 2006)

Court

Supreme Court of Appeal

Case number

278/05

Judges

Zulman, Ponnan, Combrinck

A veld fire case on ownership, control, and negligence: the SCA held Cape Town owned the island where the fire started and applied the Forest Act presumption.

• Negligent Omission
• Statutory Presumption Of Negligence
• Fire Control Liability
• Vicarious Liability
• Ownership And Control
• Apportionment Of Liability

S v Van Wyk, S v Lewis (840/01, 849/01)

S v Van Wyk, S v Lewis (840/01, 849/01) [2002] ZANCHC 2 (25 January 2002)

Court

Northern Cape High Court, Kimberley

Case number

840/01, 849/01

Judges

Majiedt R, Lacock WNR

The court held that in both cases, the State proved only attempted theft and not the completed offence. The accuseds moved the items with the intention to steal but did not deprive the owners of control over the property. In Lewis's case, the accused was interrupted before he could remove the battery from the premises, and in Van Wyk's case, it was unclear why the goods were not removed. The court preferred the appropriation approach, requiring deprivation of the owner's control, over the contrectatio approach. Consequently, the convictions for theft were set aside and replaced with convictio…

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• Theft
• Attempted Theft
• Housebreaking
• Contrectatio
• Ownership And Control