Category: A Schippers

Reflective loss wrongfulness: Pure economic loss

Hlumisa Investment Holdings (RF) Ltd v Kirkinis Reflective loss and wrongfulness considered in great detail by the SCA and confirmed the underlying principles that a company has a distinct legal personality and holding shares...

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Occupier unlawfully evicted: Probation report required

Monde v Viljoen NO (Millhurst Farm) Occupier unlawfully evicted in  the absence of a report from the probation officer. “Consistent with the overall purpose of ESTA, s 9(3) forms part of provisions that impose limitations...

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Customary law triumph: Constitutional protection of rights

Gongqose v Minister of Agriculture, Forestry and Fisheries Customary law triumph: A significant judgment  of the SCA “It is true that the right to culture cannot be exercised in a manner inconsistent with other rights, and...

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Vague provisions: Violation of rule of law

Loggenberg NO v Maree With regard to vague provisions the SCA held that: “Given the nature of the oral agreement and that language used in a contract should be approached sensibly and fairly, I do not think that the court...

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