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High Court of South Africa KwaZulu-Natal, Durban

The KwaZulu-Natal Division of the High Court of South Africa is a superior court of law with general jurisdiction over the KwaZulu-Natal province of South Africa. The main seat of the division is at Pietermaritzburg, while a subordinate local seat at Durban has concurrent jurisdiction over the coastal region of the province.

2 judgments
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2 judgments
Citation
Judgment date
April 2017
Umfolozi Sugar Planters Limited and Others v Isimangaliso Wetland Park Authority and Others (7942/2015) [2017] ZAKZDHC 17 (21 April 2017)
Reported
Applicant farmers failed to show right to compel estuary breaching; estuary authority’s management and contempt defence upheld.
Environmental / administrative law – estuarine management – Integrated Management Plan and GEF studies – water-use certificate under NWA as recordal of historic uses – conflicts with World Heritage and coastal management duties – interim interdict requirements – interpretation and enforceability of consent settlement orders – civil contempt (wilfulness, mala fides).
 21 April 2017
March 2017
Pharo v Futter and Another (1206/2016) [2017] ZAKZDHC 11 (20 March 2017)
Reported
Delictual damages cannot include prospective contractual profits where the misrepresentation alone induced entry into the contract.
Delict — measure of damages — plaintiff must be placed in position had delict not occurred; where misrepresentation induced a contract, plaintiff cannot claim prospective contractual profits as delictual damages; Civil procedure — Rule 23 exception may be taken to a distinct, self-contained part of particulars of claim to avoid unnecessary evidence; pleading — vagueness and insufficiency of averments as grounds for exception.
 20 March 2017