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South Africa decisions
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Flexicor Cables (Py) (Ltd) v Howard Woolf (2023/113646) [2025] ZAGPJHC 737 (28 July 2025)
The High Court dismissed Flexicor’s claim against an attorney over trust-account funds, holding that the founding papers failed to plead delict properly.
Ross and Another v Nedbank Limited (Leave to Appeal) (10029/2020) [2025] ZAGPJHC 623 (20 June 2025)
The High Court dismissed the Ross applicants’ leave-to-appeal and condonation applications, finding no reasonable apprehension of bias and no reasonable prospects of success.
Roncon CC v City of Tshwane Metropolitan Municipality (32406/20) [2025] ZAGPPHC 334 (26 March 2025)
The High Court upheld an exception to a damages claim over a municipal tender, finding the particulars of claim failed to plead a sustainable contract or delict case.
Changing Tides 74 (Pty) Ltd v City of Johannesburg (40135/2016) [2025] ZAGPJHC 279 (14 March 2025)
The City of Johannesburg's failure to comply with the Claassen Order to provide temporary emergency accommodation to the unlawful occupiers was wrongful and constituted a breach of both the occupiers' constitutional right to adequate housing and Changing Tides' right to property. The City agreed to the deadline for accommodation with full knowledge of its financial position and failed to seek a variation of the order when it became unable to comply. Its conduct was reckless and demonstrated a lack of political will, resulting in Changing Tides being deprived of the use and income of its prope…
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ABSA Bank Limited v Mashaba and Another (2023/045953) [2025] ZAGPJHC 277 (13 March 2025)
The High Court upheld exceptions to a delict claim based on pure economic loss, finding insufficient pleading of wrongfulness and legal causation, but not damages.
Sephton v Anglo Operations (Pty) Ltd and Others (A2024/113960) [2025] ZAGPJHC 239 (25 February 2025)
Appeal against absolution and dismissal failed. The court found no defamatory accusation of sexual harassment and no unlawful interference or repudiation.
Forty Squares (Pty) Ltd and Others v GL Palmer and Company (2023/110502) [2025] ZAGPJHC 37 (24 January 2025)
The High Court dismissed an exception to delictual claims against an auditor, holding the pleadings were sufficient to proceed to trial.
Mnaka Diamonds (Pty) Ltd v Engen Petroleum Limited (1753/2023) [2024] ZAMPMBHC 82 (20 November 2024)
Default judgment was granted to Mnaka Diamonds after Engen failed to defend, with the court finding wrongful conduct caused pure economic loss.
Ross and Another v Nedbank Limited (10029/2020) [2024] ZAGPJHC 1146 (8 November 2024)
The court found that while Nedbank is subject to statutory obligations under FICA, these do not translate into private law duties owed to third parties such as the plaintiffs. Imposing such a duty would expose banks to indeterminate liability, which is contrary to established legal principles regarding pure economic loss. The plaintiffs failed to discharge the onus of proving wrongfulness, as FICA is intended for the public good and does not create actionable rights for victims of fraud. Furthermore, the plaintiffs did not lead sufficient evidence to prove that they suffered a loss directly a…
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Asante Body Corporate v Portland Beleggings (Pty) Ltd and Another (14495/2023) [2024] ZAWCHC 275 (20 September 2024)
The High Court upheld an exception to particulars of claim in a delictual pure economic loss case, finding insufficient facts on duty, wrongfulness, and damages.
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