Manala v Minister of Police and Others (Leave to Appeal) (13342/2013) [2023] ZAGPPHC 1110 (4 September 2023)

55 Reportability
Personal Injury Law - Medical Negligence

Brief Summary

Appeal — Application for leave to appeal — Dismissal of application — Applicant failed to provide evidence for past medical expenses and abandoned claim for past loss of income — Court satisfied that no other court would reasonably reach a different conclusion — Application for leave to appeal dismissed with costs.

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[2023] ZAGPPHC 1110
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Manala v Minister of Police and Others (Leave to Appeal) (13342/2013) [2023] ZAGPPHC 1110 (4 September 2023)

IN
THE HIGH COURT OF SOUTH AFRICA
(GAUTENG
DIVISION, PRETORIA)
Case
Number:  13342/2013
(1)
REPORTABLE:  YES /
NO.
(2)
OF INTEREST TO OTHER JUDGES:  YES /
NO.
(3)
REVISED. YES
DATE:
4/9/2023
SIGNATURE
In
the matter between:
ANDRE
TSELEDI MANALA
Applicant
and
MINISTER
OF
POLICE
First Respondent
CAPTAIN
G T
HOYS
Second Respondent
CAPTAIN
JOSEPH MASHABANE
Third
Respondent
CONSTABLE
A PLAATJIE
Fourth Respondent
JUDGMENT:
APPLICATION FOR LEAVE TO APPEAL
POTTERILL
J
[1]
I read the grounds of appeal, listened and considered the arguments
and I am satisfied
that no other court would reasonably come to
another conclusion.
[2]
As for the past medical expenses the record will reflect that the
plaintiff put no
evidence before the court for this claim and it was
accordingly not proven and there was no claim to determine.
[3]
The ground of appeal against the past loss of income is troubling as
the counsel for
the plaintiff on record abandoned this claim.
[4]
I accordingly make the following order:
The application for leave
to appeal is dismissed with costs.
S.
POTTERILL
JUDGE
OF THE HIGH COURT
CASE NO:
13342/2013
HEARD ON:
1 September 2023
FOR THE PLAINTIFF:
ADV. M.R. MAPHUTHA
INSTRUCTED BY:
Makhafola &
Verster Incorporated
FOR THE DEFENDANTS:
ADV. J.C. VAN EEDEN
INSTRUCTED BY:
Gildenhuys Malatji
Incorporated
DATE OF JUDGMENT:
4 September 2023