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South Africa Case Law

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Delict [2009] ZAKZPHC 7

Msunduzi Municipality v Telkom SA Limited (6923/2004)

Msunduzi Municipality v Telkom SA Limited (6923/2004) [2009] ZAKZPHC 7 (17 March 2009)

Court
Kwazulu-Natal High Court, Pietermaritzburg
Case number
6923/2004
Judges
Msimang, Tshabalala

The High Court dismissed Msunduzi Municipality’s appeal over damage to Telkom’s underground cable, holding the municipality failed to comply with the wayleave procedure and was negligent.

  • Negligence
  • Onus Of Proof
  • Apportionment Of Damages Act
  • Trade Usage
  • Wayleave Procedure
  • Onus-of-proof
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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.