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South Africa decisions
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Matyholo v Road Accident Fund (6688/18P) [2025] ZAKZPHC 35 (8 April 2025)
The High Court awarded the plaintiff R6,510,490 for future loss of earnings after a motor vehicle accident, accepting a degree-scenario with contingencies.
Hlatshwayo v Multichoice South Africa and Others (2021/27076) [2025] ZAGPJHC 364 (28 March 2025)
The High Court upheld exceptions to defamation particulars that were vague and embarrassing, granted condonation for late filing, and dismissed a Rule 30 application.
Makhafola v Wiese and Another (27518/2021) [2025] ZAGPPHC 238 (12 March 2025)
The plaintiff failed to prove that the defendants wrongfully and intentionally published defamatory information concerning him. The evidence established that the judgment was granted against Stoltz Inc., not the plaintiff, and the erroneous listing on the plaintiff’s credit profile resulted from a third-party error. The defendants acted promptly to correct the error once notified, and there was no evidence of malicious intent. The plaintiff did not prove that the publication caused him harm, nor did he plead or prove the elements required for special damages under an aquilian action. Constitu…
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Swart and Another v Minister of Police (3332/2019 ; 3333/2019) [2024] ZANWHC 281 (14 November 2024)
High Court damages award for unlawful arrest and detention; plaintiffs received R400,000 each, plus special damages, interest, and costs.
Latari House (Pty) Ltd and Others v Danca and Others (17211/2023) [2024] ZAWCHC 382 (13 November 2024)
Default judgment was granted for defamation arising from viral social-media allegations of racism at a Cape Town pub, with damages and attorney-client costs awarded.
Kukard N.O and Others v ABSA Bank Limited and Others (115284/2023) [2024] ZAGPPHC 1089 (23 October 2024)
The High Court upheld exceptions to the plaintiffs’ particulars of claim, found the pleading lacked necessary averments, and dismissed the early discovery application.
Grid Electronics v Quandomanzi Investments (Pty) Limited t/a SM Structures (2021/21032) [2024] ZAGPJHC 633 (12 July 2024)
High Court contract damages case over unfinished steel structure and missing roof sheeting. General damages were awarded, but the rental claim failed as too remote.
Roux v University of Stellenbosch and Others (6577/22; 11368/15;) [2023] ZAWCHC 255 (13 October 2023)
The court held that the applicant failed to demonstrate any gross irregularity in the conduct of the arbitration proceedings. The arbitrators provided the applicant with a fair hearing and correctly applied the law to the facts. Errors of law, if any, did not result in unfairness or deprive the applicant of a fair trial. The requirement to plead and prove special damages was not a jurisdictional fact but related to the proof of damages, and the arbitrators correctly distinguished between general and special damages. The statutory regimes cited by the applicant did not abrogate common law reme…
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Benteler South Africa (Pty) Ltd v Morris Material Handling SA (Pty) Ltd t/a Crane Aid (3354/2021) [2022] ZAECQBHC 22 (16 August 2022)
The High Court upheld an exception to particulars of claim over a crane derailment dispute, finding the pleading vague, embarrassing, and unclear as to contract or delict.
KPMM Roads & Earthworks Projects (Pty) Ltd v Polokwane Local Municipality (2849/2020) [2022] ZALMPPHC 50 (11 August 2022)
The High Court upheld exceptions to counter-claims for special damages, finding missing averments on contemplation of loss at contracting rendered them vague and embarrassing.
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