In a recent April 2025 case, the court examined the liability of the defendants for injuries sustained by the plaintiff after falling into an open stormwater drain. The court concluded that the defendants’ conduct was wrongful and negligent, and that the defendant, the Johannesburg Municipality and Johannesburg Road Agency were liable for 50% of the
Maano Manavhela
Satisfying court orders: Periodic payments and lump sum payments.
By Nomonde Sithole & Maano Manavhela on
In a March 2025 Judgment, the High Court addressed the issue of whether the Eastern Cape Department of Health could satisfy a final court order for the payment of damages in instalments instead of a lump sum. The court found that the defendant cannot satisfy a court order in periodic payments.
The plaintiff, BN, acting…
Admission of negligence and admission of liability in interim payments
By Maano Manavhela on
A March 2025 judgment of the high court addressed the issue of interim payment for past medical expenses and whether the defendant’s admission of negligence constituted admission of liability. The court found that the defendant had not admitted liability for damages and dismissed the application for an interim payment.
The claimant had filed an application…
Deceased animal on the road and negligence
By Maano Manavhela on
In a March 2025 judgment of the high court, the court found that the mere presence of a dead animal on the road does not establish negligence of the owner of the animal, and the claimant failed to present sufficient evidence to support their claims.
The claimant’s vehicle collided with a dead cow lying on…
Arbitration award interrupts prescription
By Maano Manavhela on
A February 2025 judgment of the high court addressed the issue of arbitration and prescription in a case involving whether a claim for unpaid rent had prescribed and whether the arbitration process affected the running of prescription. The court found that the claim had not prescribed, and that the arbitration proceedings had interrupted the running…
Misdelivery and breach of contract
By Maano Manavhela on
In February 2025 the high court addressed the critical issues of misdelivery and breach of contract. The court had to determine whether the defendant breached the contract by failing to deliver the agreed-upon animals and whether the misdelivery of the animals affected the enforceability of the contract. The court found that the defendant breached the…
Province liable for injuries sustained during netball practice
By Maano Manavhela on
In February 2025 the high court addressed the issue of school safety and negligence in a case involving a student who sustained injuries during netball practice. The court determined that the school, represented by the MEC for the Department of Education, Limpopo, breached its duty of care by failing to ensure the safety of its…
Settlement agreement can only be made an order of court in litigation
By Maano Manavhela on
In a February 2025 judgment, the high court addressed the issues of making a settlement agreement an order of court and the power of the court to rescind an order wrongly granted. The case involved a dispute between the appellants, who alleged that the respondent owed them money advanced for a farm purchase, and the…
Court increases general damages
By Maano Manavhela on
In a February 2025 judgment, the high court on appeal addressed the issue of general damages in a claim involving a minor who sustained severe injuries in a tractor accident. The court had to determine whether the award of the lower court for general damages was reasonable considering the minor’s injuries and their long-term effects.
Slip and Trip – wet and slippery wooden walkway
By Maano Manavhela on
In a February 2025 judgment, the High Court addressed the issue of liability in a slip and fall case involving the claimant, a 72-year-old pensioner, who sustained serious injuries an open-air retail and dining operation due to a wet and slippery wooden walkway. The court had to determine whether the defendant, breached its duty of…