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London and Others v Department of Transport, Roads and Public Works, Northern Cape and Others (1035/2018) [2019] ZASCA 144 (30 October 2019)

London and Others v Department of Transport, Roads and Public Works, Northern Cape and Others (1035/2018) [2019] ZASCA 144 (30 October 2019)
Citation
London and Others v Department of Transport, Roads and Public Works, Northern Cape and Others (1035/2018) [2019] ZASCA 144 (30 October 2019)
Media Neutral Citation
[2019] ZASCA 144
Hearing date
11 September 2019
Court
Supreme Court of Appeal of South Africa
Case number
1035/2018
Judges
Petse JA, Tsoka AJA, Tshiqi JA, Mokgohloa JA, Cachalia JA
Judgment date
30 October 2019
Language
English
Type
Judgment
Flynote

Delict – action for damages by shareholders – necessary averments – alleged
breach of contractual duty owed to a company resulting in its liquidation – shareholders
suing the other contracting party for damages representing loss of dividends – no allegation
in particulars of claim that shareholders’ loss separate and distinct from that suffered by the
company and caused by breach of a legal duty independently owed to shareholders –
exception that particulars of claim not disclosing a cause of action rightly allowed by high
court.

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