Latest judgments

Civil procedure – Contracts – Lease agreement – Partial performance – Reduction of obligations – Incorrect calculations of amounts claimed – Counterclaims dismissed – Plaintiff’s claim upheld on corrected amounts.

 

Contract – Breach of a lease agreement – Damages allegedly sustained as a consequence of defendant’s failure to maintain the premises as agreed – Plaintiff is required to prove that there is sufficient causa

Delict – Action for damages – Based on bodily injuries, pain and suffering, discomfort, emotional shock, loss of amenities of life, hospital and medical expenses and future hospital, medical expenses – Claim arising from an alleged fall on a wet floor in Jet Stores – Plaintiff is alleged to have sustained injuries to her hip, knee and her shoulder –

Action proceedings - Negligence of legal practitioners discussed – Legal Ethics – Legal practitioners are obliged to act within the parameters of their mandate - Failure to do so is tantamount to negligence – Law of Evidence – Mutually destructive versions restated.

Delict – Assault – Action for damages – Assessment of damages is a discretionary matter and has as its objective to fairly and adequately compensate an injured party – Amount to be awarded as compensation cannot be determined with mathematical precision and awards in previous cases serve as a guide.

Appeal – Application for leave to appeal from ruling that refused applicants’ application to amend their pleading – Authorities on leave to appeal reviewed – Court finding that submission of applicants’ counsel goes against the long line of authorities on application for leave to appeal.