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Case law by topic

Judgments on damages

128 judgments on file that touch damages, newest first, each with the court's own file.

Handed downJudgmentCourt
5 Oct 2026 Close Trade 200074 CC t/a Ilcor Engineering Services v Crossmoor Transport (Pty) Ltd[2026] ZASCA 134 · Contract – interpretation – payment and security provisions – deposit or guarantee required before commencement of manufacture – payment pro... Supreme Court of Appeal
29 Sep 2026 Mabunda v The State[2026] ZASCA 127 · Section 17(2)(f) of the Superior Courts Act of 2013 – reconsideration of a refusal of leave to appeal – threshold of grave failure of justic... Supreme Court of Appeal
29 Sep 2026 Seetseng v Minister of Police and Another[2026] ZASCA 128 · Delict – unlawful arrest and detention – liability for subsequent detention – effect of declaration of unlawfulness – different parties may... Supreme Court of Appeal
21 Aug 2026 Chetane v The Minister of Police and Another (4822025)[2026] ZASCA 110 · Delict – criminal procedure – unlawful arrest and detention in terms of s 40(1)(b) of the CPA – malicious prosecution – whether the appellan... Supreme Court of Appeal
13 Aug 2026 Hengdeli Deyesion International Shipping Limited v MV ‘Haralambos’ and Others[2026] ZASCA 107 · Maritime Law – vessel association – Admiralty Jurisdiction Regulation Act 105 of 1983 (AJRA) – standard and burden of proof on reconsiderati... Supreme Court of Appeal
24 Jul 2026 Janse van Vuuren v WJB Stieger Konstruksie (Pty) Ltd[2026] ZASCA 102 · Prescription – section 12(3) of the Prescription Act of 1969 – application of prescription regulated by the provisions of the Housing Consum... Supreme Court of Appeal
29 Jun 2026 Minister of Police v Khedama[2026] ZACC 27 · Prescribed Rate of Interest Act 55 of 1975 — unliquidated debt — general damages— monetary unliquidated damages Constitutional Court
28 May 2026 The MEC for Health of the Gauteng Provincial Government v C B M[2026] ZASCA 80 · Medical negligence – whether hysterectomy caused by negligence of appellants’ employees – absence of medical records – prima facie evidence... Supreme Court of Appeal
19 May 2026 Sinhle Inosacia Sambo v Road Accident Fund[2026] ZASCA 72 · Delict – breadwinner fatally injured – claim for loss of support – deceased supported partner and minor child – whether deceased’s source of... Supreme Court of Appeal
5 May 2026 Minister of Justice and Correctional Services and Others v Leso[2026] ZASCA 64 Supreme Court of Appeal
14 Apr 2026 Davison v Mpambaniso[2026] ZASCA 50 · Contract – identity of other party to an investment mandate – whether agreement concluded by respondent with appellant or a company represen... Supreme Court of Appeal
14 Apr 2026 Lizelle Schreuder N O v Minister of Police and Others[2026] ZASCA 52 · Delict – unlawful arrest and detention – Child Justice Act of 2008 – minor arrested and detained as adult – absence of knowledge of minority... Supreme Court of Appeal
9 Apr 2026 Eskom Holdings Soc Ltd v Botha[2026] ZASCA 48 · Statutory interpretation – Institution of Legal Proceedings against certain Organs of State Act of 2002 (the Act) – whether Eskom exercises... Supreme Court of Appeal
8 Apr 2026 Systems Applications Consultants (Pty) Ltd t/a Securinfo v SAP SE and Another[2026] ZACC 13 Constitutional Court
7 Apr 2026 Koopman v Minister of Police[2026] ZASCA 45 · Security for costs – Rule 49(13) of the Uniform Rules of Court – Rule of the Rules of the Supreme Court of Appeal – single judge of the high... Supreme Court of Appeal
25 Mar 2026 South African Commercial Catering and Allied Workers Union v Massmart Holdings and Others[2026] ZACC 11 · Labour Relations Act 66 of 1995 — interpretation of section 68(1)(b) — claim for payment of just and equitable compensation — loss attributa... Constitutional Court
11 Feb 2026 T N obo B N v The Member of the Executive Council for Health of the Eastern Cape Government and Others[2026] ZASCA 14 · Delict – measure of damages – child sustaining quadriplegic cerebral palsy as a result of hospital staff’s negligence – common law once-and-... Supreme Court of Appeal
6 Feb 2026 Moloi v Road Accident Fund[2026] ZASCA 13 · Delict – claim for damages – Road Accident Fund – future loss of earning capacity – applicant's expert evidence uncontroverted by respondent... Supreme Court of Appeal
15 Dec 2025 North West Provincial Department of Agriculture, Conservation, Environmental and Rural Development and Another v Bosigo Investment and Trading CC and Another[2025] ZASCA 191 · Damages – claim for loss of profit arising from breach of contract – plaintiff bears onus to identify and prove saved expenses to be deducte... Supreme Court of Appeal
4 Nov 2025 Waterberg Boulevard (Pty) Ltd v Smulhoekie Tuisnywerheid (Pty) Ltd and Another[2025] ZASCA 167 · Civil Law – Magistrates’ Courts Act of 1944 – Whether a claim for arrear rental is a claim for specific performance in terms of s 46 – monet... Supreme Court of Appeal
20 Oct 2025 The City of Johannesburg Metropolitan Municipality and Another v Seale and Another[2025] ZASCA 156 · Application of s 17(2)(f) of the Superior Courts Act of 2013 – – existence of two orders issued by this Court on application for leave to ap... Supreme Court of Appeal
16 Oct 2025 Itokolle-Clinix Private Hospital (Pty) Ltd v MNT obo DORM[2025] ZASCA 153 · Delict – medical negligence – injury to foetal brain – child born suffering from cerebral palsy – admitted negligence by nursing staff in mo... Supreme Court of Appeal
7 Oct 2025 Rossouw v Blignaut & Wessels and Another[2025] ZASCA 146 · Civil Procedure – Institution of Legal Proceedings against Certain Organs of State Act of 2002 – condonation application in terms of s 3(4)... Supreme Court of Appeal
7 Oct 2025 Rustenburg Local Municipality v Burrie Smit Ontwikkelaars (Pty) Ltd[2025] ZASCA 147 · Expropriation – Expropriation Act of 1975 (the Act) – meaning and effect of s 12(3) – interest on unpaid compensation from expropriation dat... Supreme Court of Appeal
14 May 2025 Msibithi Investments (Pty) Ltd and Others v African Legend Investment (Pty) Ltd and Others[2025] ZASCA 61 · Company Law – directors’ resolution – attack on basis of failure to comply with s of Companies Act of 2008 (the Act) – notice given – s comp... Supreme Court of Appeal
7 May 2025 Nakana v Claassens & Others[2025] ZASCA 52 · Criminal law – malicious prosecution – whether the Supreme Court of Appeal (the SCA) may interfere with the order of the Limpopo Division of... Supreme Court of Appeal
30 Apr 2025 Twenty-Third Century Systems (Pty) Ltd and Another v SAP Africa Region (Pty) Ltd[2025] ZASCA 51 · Law of contract – whether a contracting party can rely on the terms of a contract after the termination of the contract – distinction betwee... Supreme Court of Appeal
29 Apr 2025 East Asian Consortium B.V. v MTN Group Limited and Others[2025] ZASCA 50 · Delict – unlawful inducement – unlawful competition – conflict of law – transnational delicts – lex loci delicti – significant relationship... Supreme Court of Appeal
24 Apr 2025 Shaynaz Prithilal v Akani Egoli (Pty) Limited and Another[2025] ZACC 5 · Attorney and client costs — Court’s duty to give reasons — sections 1(c) and 34 of the Constitution Constitutional Court
31 Mar 2025 Obiang v Janse van Rensburg & Others[2025] ZASCA 30 · Civil Procedure – rescission of orders in terms of rule 42(1)(a) of Uniform Rules of Court – Service of legal process in substantial complia... Supreme Court of Appeal
28 Mar 2025 late Yasmin Salie) and Another[2025] ZASCA 26 · Delict – negligence – runner colliding with member of public during race – route on promenade not cordoned off – runner negligent in failing... Supreme Court of Appeal
27 Mar 2025 Alexia Kobusch and Others v Wendy Whitehead[2025] ZASCA 24 · Civil procedure – barring a party to proceedings – exception based on lack of averments to sustain a cause of action – whether the exception... Supreme Court of Appeal
26 Mar 2025 Bidvest Protea Coin Security (Pty) Ltd v Mandla Wellem Mabena[2025] ZASCA 23 · Section 17(2)(f) of the Superior Courts Act of 2013 – reconsideration of a decision of the Supreme Court of Appeal to refuse special leave t... Supreme Court of Appeal
19 Mar 2025 Tosholo v Road Accident Fund[2025] ZASCA 21 · Civil Procedure – special plea of prior settlement – compromised claim – settlement agreement neither challenged nor rectified – Road Accide... Supreme Court of Appeal
14 Mar 2025 Newnet Properties (Pty) Ltd t/a Sunshine Hospital v The Road Accident Fund[2025] ZASCA 19 · Civil procedure – principle of finality of court orders – whether the Road Accident Fund is entitled to compel a judgment creditor to provid... Supreme Court of Appeal
15 Jan 2025 MEC for Health Eastern Cape v AS obo SS[2025] ZASCA 2 · Civil procedure – uniform rule 49 – condonation and reinstatement of appeal – discretion to condone not exercised judicially - delict – medi... Supreme Court of Appeal
6 Nov 2024 Merryweather v Scholtz and Another[2024] ZASCA 150 · Appeal – civil appeal from full court – trial court’s reliance on inadmissible evidence constituting an irregularity – appellant failed to d... Supreme Court of Appeal
28 Oct 2024 Du Preez N O v The Member of the Executive Council for Health of the Eastern Cape Province[2024] ZASCA 147 · Reconsideration of application for leave to appeal – s 17(2)(f) of the Superior Courts Act of 2013 – whether exceptional circumstance exists... Supreme Court of Appeal
25 Oct 2024 Rademeyer v Ferreira[2024] ZACC 24 · Prescription Act 68 of 1969 — sale agreement — same cause of action — breach of contract — specific performance — right to claim damages Constitutional Court
11 Oct 2024 Minister of Police v Nontsele[2024] ZASCA 137 · Appeals – whether the court may consider a cross-appeal in the absence of an application for leave to cross-appeal. Delict – damages for mal... Supreme Court of Appeal
8 Oct 2024 Coughlan N O v Health Professions Council of South Africa & Others[2024] ZASCA 135 · Road Accident Fund Tribunal (the Tribunal) – whether the powers conferred on the Tribunal are limited to determining the seriousness of the... Supreme Court of Appeal
4 Oct 2024 The Minister of International Relations and Co-operation NO and Another v Neo Thando / Elliot Mobility (Pty) Ltd and Another[2024] ZASCA 134 · Contract law – jurisdiction – Arbitration Act of 1965 – whether the Arbitrator had jurisdiction to entertain a claim – whether a dispute exi... Supreme Court of Appeal
15 Aug 2024 Shoprite Checkers (Pty) Limited v Mafate N.O.[2024] ZACC 16 Constitutional Court
24 Jul 2024 De Kock v Du Plessis and Others[2024] ZASCA 117 · Eviction – Prevention of Illegal Eviction from and Unlawful Occupation of Land Act of 1998 (the PIE Act) – defence – right to occupation in... Supreme Court of Appeal
4 Jul 2024 Sanoj Jeewan v Transnet SOC Limited and Another[2024] ZASCA 108 · Civil procedure – prescription – whether the high court was correct in finding that the appellant’s claim for contractual and delictual dama... Supreme Court of Appeal
13 Jun 2024 MEC for the Department of Public Works & Others v Ikamva Architects CC and Others[2024] ZASCA 95 · Civil Procedure – on appeal, the appellants were not entitled to an order they did not seek in the court of first instance – attachment of a... Supreme Court of Appeal
12 Jun 2024 Pitso and Others v Chabeli Molatoli Attorneys Incorporated[2024] ZASCA 94 · Agency and representation – at common law a mandate is in general terminable at the will of the principal – requirements of final interdict... Supreme Court of Appeal
11 Jun 2024 Ubisi and Another v Road Accident Fund[2024] ZASCA 93 · Practice and procedure – settlement agreement of claim against the Road Accident Fund – irregular and improper setting aside of settlement a... Supreme Court of Appeal
16 May 2024 Old Mutual Unit Trust Managers Limited v Living Hands (Pty) Ltd and Others[2024] ZASCA 75 · Delict – pure economic loss – financial institution – client calling up investment portfolio – funds paid out in terms of investment agreeme... Supreme Court of Appeal
6 May 2024 President of the Republic of South Africa and Another v Tembani and Others[2024] ZACC 5 · Prescription — delictual claims for damages — unconstitutionality of President’s conduct a component of alleged wrongfulness — whether compl... Constitutional Court

A judgment is listed here when the court's own summary or its title uses the term; it is a finding aid, not a headnote. All topics.