South Africa Case Law

Maharaj v Strate (Pty) Ltd and Others (21/48263)

Maharaj v Strate (Pty) Ltd and Others (21/48263) [2023] ZAGPJHC 1095 (26 September 2023)

Court

South Gauteng High Court, Johannesburg

Case number

21/48263

Judge

Turner

The court held that the particulars of claim for Claim A and Claim B, when read in a manner most favourable to the plaintiff, disclose causes of action. The quantification of damages and lack of particularity are matters for trial and do not justify upholding the exception at this stage. The court found that Claim C, which attempts to plead a delictual claim for repudiation of contract, does not disclose a cause of action as South African law does not permit a delictual claim where the negligence alleged is a breach of contract. Regarding Claim D, the court held that section 76(2) and section…

Source excerpt

• Protected Disclosures Act
• Breach Of Employment Contract
• Quantification Of Contractual Damages
• Delictual Liability
• Director Fiduciary Duties
• Companies Act Liability

Solomon N.O. and Others v Spur Cool Corporation (PTY) Ltd and Others (3215/00)

Solomon N.O. and Others v Spur Cool Corporation (PTY) Ltd and Others (3215/00) [2002] ZAWCHC 1; 2002 (5) SA 214 (C); [2002] 2 All SA 359 (C) (30 January 2002)

Court

Western Cape High Court, Cape Town

Case number

3215/00

Judge

Binns-Ward

The court held that a mortgage-bond cession of rentals had not become effective, so the plaintiffs retained standing. It awarded damages against the tenant and surety.

• Cession In Securitatem Debiti
• Quantification Of Contractual Damages
• Limitation Of Surety Liability
• Locus Standi
• Mitigation Of Loss
• Interest On Damages