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South Africa Case Law

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Civil Procedure [2024] ZAFSHC 380

Global Phashash Group (Pty) Ltd v Ngwathe Local Municipality (2269/2024)

Global Phashash Group (Pty) Ltd v Ngwathe Local Municipality (2269/2024) [2024] ZAFSHC 380 (25 November 2024)

Court
Free State High Court, Bloemfontein
Case number
2269/2024
Judge
Mahlatsi AJ

The court found that the plaintiff's particulars of claim disclose a valid cause of action based on the contractual nature of the wayleave agreement. The wayleave document issued by the defendant to the plaintiff constitutes a contract with terms and conditions reflecting the agreement between the parties. The defendant's argument that the wayleave is merely an administrative decision and that the plaintiff's remedy lies in internal remedies or review is misplaced. The authorities cited support the view that the exception must fail unless it is clear that no cause of action is disclosed on an…

Source excerpt

  • Exception To Pleadings
  • Wayleave Agreement
  • Contractual Repudiation
  • Administrative Action
  • Municipal By Laws
  • Internal Remedies
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Land And Property [2018] ZAKZPHC 1

Eskom Holdings Limited v Grundy (AR380/2017)

Eskom Holdings Limited v Grundy (AR380/2017) [2018] ZAKZPHC 1; 2018 (4) SA 242 (KZP) (16 February 2018)

Court
Kwazulu-Natal High Court, Pietermaritzburg
Case number
AR380/2017
Judges
Ploos van Amstel, Jappie, Nkosi

Eskom failed to establish, on admissible and reliable evidence, that it had acquired a servitude by prescription over Mr Grundy's farm, as it could not prove when the power lines were erected. The court rejected Eskom's reliance on a retrospective wayleave agreement, finding that the electricity supply agreement did not incorporate the standard conditions, as there was no evidence that Mr Grundy received or signed them. The caveat subscriptor rule did not assist Eskom, as it applies to contractual terms, not to factual acknowledgments of receipt. Consequently, Eskom had no entitlement to reta…

Source excerpt

  • Acquisitive Prescription
  • Servitude
  • Wayleave Agreement
  • Contractual Incorporation
  • Removal Of Electricity Infrastructure
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.