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Case law by topic

Judgments on damages

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

Handed downJudgmentCourt
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
6 May 2024 Minister of Police v Miya[2024] ZASCA 71 Supreme Court of Appeal
3 May 2024 MV ‘New Endeavor’ and Others v Indian Oil Corporation Limited[2024] ZASCA 67 · Admiralty law – arrest of an associated ship in terms of ss 3(6) and (7) of the Admiralty Jurisdiction Regulation Act 105 of 1983 (the Act)... Supreme Court of Appeal
3 May 2024 Ntoni Jacob Hlape v The Minister of Police[2024] ZASCA 68 · Civil procedure – unlawful arrest and detention – whether the arrest and detention of appellant was unlawful – whether respondent was liable... Supreme Court of Appeal
25 Apr 2024 Tumelo Mafisa v Road Accident Fund[2024] ZACC 4 · Road Accident Fund — settlement agreement — High Court’s unilateral alteration of settlement agreement irregular and improper Constitutional Court
24 Apr 2024 Venator Africa (Pty) Ltd v Watts and Another[2024] ZASCA 60 · Company law – exception – s 218(2) read with s 22(1) of the Companies Act of 2008 – allegation that company carried on its business reckless... Supreme Court of Appeal
19 Apr 2024 Vorster v Clothing City (Pty) Ltd[2024] ZASCA 53 · Jurisdiction – Magistrates’ Court Act of 1944 (the Act) – whether a claim for damages falls within the monetary jurisdiction of the magistra... Supreme Court of Appeal
18 Apr 2024 MM obo GM v Member of the Executive Council for the Department of Health, North West Province[2024] ZASCA 52 · Delict – medical negligence – transmissibility of damages to parent on death of minor child. Death of child not reported to Master – effect... Supreme Court of Appeal
12 Apr 2024 Christopher Charles Hughes v Nicolas Gargassoulas and Others[2024] ZASCA 46 · Civil Procedure – application for leave to appeal in terms of section 17(2)(d) of the Superior Courts Act of 2013 – whether the appeal would... Supreme Court of Appeal
3 Apr 2024 MEC for Health, Gauteng v de Lange[2024] ZASCA 38 · Civil Procedure – claim for damages – separated issues – not clearly stated – stated case limiting separated issues – judgment on stated cas... Supreme Court of Appeal
27 Mar 2024 Syce and Another v Minister of Police[2024] ZASCA 30 · Application for special leave to appeal – referred for oral argument in terms of s 17(2)(d) of the Superior Courts Act of 2013 – discretion... Supreme Court of Appeal
20 Mar 2024 SAP SE v Systems Applications Consultants (Pty) Ltd t/a Securinfo and Another[2024] ZASCA 26 · Application for recusal – reasonable apprehension of bias – trial judge – misconceiving the issue in the evidence – preventing counsel from... Supreme Court of Appeal
5 Mar 2024 MEC of Health and Social Development of the Gauteng Provincial Government v M[2024] ZASCA 21 · Delict – claim for medical negligence damages – minor born with brain injury sustained during birth – whether hospital staff were negligent... Supreme Court of Appeal
18 Dec 2023 Pieter Paul Le Roux and Another v Johannes G ` Coetzee and Seuns and Another[2023] ZACC 46 · Prescription Act 68 of 1969 — section 12(3) — clients’ professional negligence claim against legal practitioner — knowledge of facts may inc... Constitutional Court
18 Dec 2023 Hough & Bremner and Another v The Road Accident Fund[2023] ZASCA 179 · Civil procedure and practice – Contingency Fees Agreement Act of 1997 – high court finding that the fees agreement concluded between the app... Supreme Court of Appeal
5 Dec 2023 Danny Joseph Sibiya and Others v Road Accident Fund[2023] ZASCA 171 · Practice and procedure – Contingency Fees Act of 1997 – whether the high court ruling met the benchmark of fairness, rationality and reasona... Supreme Court of Appeal
1 Dec 2023 City of Cape Town v Mtyido[2023] ZASCA 163 · Delict – widening of pleadings – wrongfulness and negligence – respondent injured as a result of open manhole under control of appellant – o... Supreme Court of Appeal
30 Nov 2023 Member of the Executive Council for Health and Social Development of the Gauteng Provincial Government v Motubatse & Another[2023] ZASCA 162 · Civil procedure – rescission of default judgment – interlocutory in nature and thus not appealable – application for condonation and special... Supreme Court of Appeal
28 Nov 2023 Bisschoff N O obo Reyners v Passenger Rail Agency Of South Africa[2023] ZASCA 160 · Prescription – interruption of running of extinctive prescription – claimant of unsound mind – prescription only begins to run from the date... Supreme Court of Appeal
15 Nov 2023 King Price Insurance Company Limited v Mhlongo[2023] ZASCA 152 · Civil procedure – claim under insurance policy arising from motor vehicle collision – market value pleaded – evidence led on shortfall of am... Supreme Court of Appeal
14 Nov 2023 MC Olesitse N.O. v The Minister of Police[2023] ZACC 35 · Application of the “once and for all” common law rule –– applicable to only one cause of action and not to more than one cause of action ––... Constitutional Court
14 Nov 2023 Hulisani Viccel Sithangu v Capricorn District Municipality[2023] ZASCA 151 · Application for special leave referred for oral argument in terms of s 17(2)(d) of the Superior Courts Act of 2013 – whether special leave t... Supreme Court of Appeal
11 Oct 2023 M M v MEC for Health; Eastern Cape[2023] ZASCA 130 · Delict – medical negligence – damages – claim for damages arising out of alleged medical negligence of hospital staff- whether the hospital... Supreme Court of Appeal
15 Aug 2023 Koch & Kruger Brokers CC and Another v Financial Sector Conduct Authority and Others[2023] ZACC 27 · Section 34 of Bill of Rights — separated issue — High Court allegedly straying beyond separated issue — separated issue misconceived Constitutional Court
28 Jun 2023 Fujitsu Services Core (Pty) Limited v Schenker South Africa (Pty) Limited[2023] ZACC 20 · [Interpretation of contracts] — [Exemption clauses] — [Exclusion of liability] — [Public Policy] Constitutional Court
12 Jun 2023 Ethekwini Municipality v Cooperativa Muratori & Cementisti - CMC di Ravenna Societa Cooperativa[2023] ZASCA 95 · Contract – decisions on adjudication of disputes under construction contract – enforcement by court – whether contrary to public policy – sp... Supreme Court of Appeal
29 May 2023 Media 24 (Pty) Ltd v Nhleko & Another[2023] ZASCA 77 · Civil procedure - application for leave to amend plea - dismissal based on wrong principles of law - appeal upheld. ________________________... Supreme Court of Appeal
3 May 2023 Minister of Police v Gqamane[2023] ZASCA 61 · Civil procedure – unlawful arrest and detention – arrest in terms of ss 40(1)(b) and 40 (1)(q) of Criminal Procedure Act of 1977 – assault w... Supreme Court of Appeal
18 Apr 2023 Mashinini v The Member of the Executive Council for Health and Social Development, Gauteng Provincial Government (3352021)[2023] ZASCA 53 · Delict – action for damages based on medical negligence of public hospital staff – claim for future medical and hospital expenses – public h... Supreme Court of Appeal
1 Feb 2023 Mfoza Service Station (Pty) Limited v Engen Petroleum Limited and Another[2023] ZACC 3 · Petroleum Products Act 120 of 1977— section 12B(4)(a) — powers of an arbitrator — awarding of damages as a remedy Constitutional Court
15 Dec 2022 MEC for Health, Eastern Cape v N H obo A[2022] ZASCA 181 · Extinctive prescription – s 12(3) of the Prescription Act of 1969 – inquiry as to what constitutes knowledge of sufficient facts giving rise... Supreme Court of Appeal
30 Nov 2022 Esorfranki Pipelines (PTY) Limited v Mopani District Municipality[2022] ZACC 41 · Delictual liability for harm arising from state’s intentional misconduct — section 8 of PAJA — compensation under PAJA Section 217 of the Co... Constitutional Court
14 Nov 2022 Reddell and Others v Mineral Sands Resources (Pty) Limited and Others[2022] ZACC 38 · Defamation — constitutionality of awarding general damages to trading corporations — partially unconstitutional — public discourse on issues... Constitutional Court
3 Nov 2022 Democratic Alliance v Brummer[2022] ZASCA 151 · Plea of res judicata by reason of issue estoppel in action for damages arising from alleged unlawful termination of membership – prior judgm... Supreme Court of Appeal
28 Sep 2022 Zurich Insurance Company South Africa Ltd v Gauteng Provincial Government[2022] ZASCA 127 · Insurance contract – damage to rock mass when tunnels for Gautrain Rapid Rail System constructed – whether insured’s claim had prescribed –... Supreme Court of Appeal
22 Sep 2022 United Democratic Movement and Another v Lebashe Investment Group (PTY) Limited and Others[2022] ZACC 34 · Appealability of Interim Interdicts — Interests of Justice — Section 16(1)(a) of the Superior Courts Act 10 of 2013 Constitutional Court
22 Aug 2022 NUMSA obo Aubrey Dhludhlu and 147 Others v Marley Pipe Systems (SA) (Pty) Ltd[2022] ZACC 29 Constitutional Court
15 Jul 2022 Frantzen v Road Accident Fund[2022] ZASCA 107 · Delict – personal injury claim – factual causation – cause and effect – whether soft tissue injury of neck and back sustained in motor vehic... Supreme Court of Appeal
15 Jul 2022 Minister of Police and Others v Samuel Molokwane[2022] ZASCA 111 · Civil Procedure – s 2(2) of State Liability Act of 1957 –– whether failure to serve summons against Minister of Police on State Attorney nul... Supreme Court of Appeal
21 Jun 2022 Transnet Soc Limited v Total South Africa (Pty) Limited and Others[2022] ZACC 21 Constitutional Court
30 May 2022 TM obo MM v Member of the Executive Council for Health and Social Development[2022] ZACC 18 · Jurisdiction — constitutional issue — interests of justice Leave to appeal — not in the interests of justice to grant leave — leave to appea... Constitutional Court
19 May 2022 Nedbank Limited v Houtbosplaas (Pty) Ltd and Another[2022] ZASCA 69 · Banking law – banker and client – summary closure of bank accounts by client – exercise of contractual right by client to do so – trusts tha... Supreme Court of Appeal
22 Apr 2022 Minister of Police and Another v Erasmus[2022] ZASCA 57 · Delict – actio iniuriarum – unlawful arrest and detention – liability of police for post-court appearance detention – not caused by unlawful... Supreme Court of Appeal
22 Apr 2022 Mirchandani v Unica Iron & Steel (Pty) Ltd and Unica Iron & Steel (Pty) Ltd v Mirchandani (Case no 802/2020 & 813/2020)[2022] ZASCA 58 · Damages – breach of profit share agreement and lease agreements – claim for payment of utilities and bond charges erroneously debited in app... Supreme Court of Appeal
13 Apr 2022 Central Energy Fund SOC Ltd and Another v Venus Rays Trade (Pty) Ltd and Others[2022] ZASCA 54 · Review under principle of legality and Promotion of Administrative Justice Act of 2000 – rotation of country’s strategic oil stock – decisio... Supreme Court of Appeal
5 Apr 2022 AK v Minister of Police[2022] ZACC 14 · Delict — wrongfulness — negligence — extent of police liability for negligent police work — psychopathological harm Constitutional Court
25 Mar 2022 NVM obo VKM v Tembisa Hospital and Another[2022] ZACC 11 · Jurisdiction — section 167(3)(b) of Constitution — sole issue one of factual causation — constitutional considerations not affecting resolut... Constitutional Court
17 Feb 2022 Mineral Sands Resources Propriety Limited and Another v Christine Reddell and Others[2022] ZACC 37 · Defamation — abuse of process — SLAPP suit defence — ulterior purpose — consideration of the merits Constitutional Court
9 Dec 2021 Minister of Police v Shawn Bosman & Others[2021] ZASCA 172 · Criminal law and procedure – Criminal Procedure Act of 1977 – sections 40(1)(b), (f) and (h) – unlawful arrest and detention – whether the r... Supreme Court of Appeal

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.