Pentree Limited v Nelson Mandela Bay Municipality (3199/2013)
Pentree Limited v Nelson Mandela Bay Municipality (3199/2013) [2016] ZAECPEHC 83; [2017] 2 All SA 260 (ECP); 2017 (4) SA 32 (ECP) (17 November 2016)
The court held that evidence tendered by an expert valuer based on statements from third parties not called as witnesses is admissible in expropriation proceedings, provided it is presented as information that a notional informed buyer and seller would have considered in determining market value, rather than for the truth of the statements. The probative value of such evidence depends on the weight a notional buyer and seller would attach to it, not on the credibility of the third party. The court found that the reasoning in Lornadawn Investments and subsequent cases remains valid under the c…
Source excerpt
- Expropriation Act 1975
- Admissibility Of Expert Evidence
- Hearsay Evidence
- Market Value Determination
- Rule 36 9b Compliance