On 4 November 2019 the Court of Appeal handed down judgment in favour of Landcaster (Pty) Ltd t/a Buildermart who are represented by Desai Law Group on a question of whether a Lessor is entitled to damages under a Lease Agreement, despite the Lessor having mitigated its losses. The uniqueness of this matter stems from the fact that the parties had contracted out of the well established principle that states that: “where a party has suffered damages, they have a duty to mitigate the losses it incurred by virtue of breach of the contract”. The court found that despite this provision in the Lease Agreement, the Lessor was not entitled to the damages suffered.
The matter was being dealt with by Katlego Setshegetso together with Advocate Luc Spiller.
