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Snowy Owl Properties 284 (Pty) Ltd v Celliers and Another (1295/2021) [2023] ZASCA 37 (31 March 2023)
Contempt of court order – the principles of Matjhabeng Local Municipality v Eskom Holdings Ltd and Others [2017] ZACC 35; 2017 (11) BCLR 1408 (CC); 2018 (1) SA 1 (CC) re-affirmed – distinction between coercive and punitive orders.
Old Mutual Unit Trust Managers Limited v Living Hands (Pty) Ltd and Others (18/2023) [2024] ZASCA 75 (16 May 2024)
OMUT did not owe a duty to the Trust and its beneficiaries to prevent the loss caused by the first plaintiff's directors' criminal actions, and OMUT's conduct was neither wrongful nor negligent. The plaintiffs failed to establish the necessary elements of delictual liability, leading to the dismissal of their claim.
Lane and Others v Emfuleni Municipality (2011/40551) [2017] ZAGPJHC 215 (19 July 2017)
The elements of a delict. Emfuleni Municipality, was negligent in its duty to design and construct an adequate and efficient stormwater drainage system, which directly caused the flooding and damage to the plaintiffs' property.
Wafai and Others v SA Casual Dining Concepts (Pty) Ltd and Another (7609/2023) [2023] ZAWCHC 333 (6 December 2023)
Look out for tracked changes! The requirement of consensus and meeting of the minds for a contract to be valid, and the respondents' defense based on the absence of these elements due to misrepresentation by the applicants.