Minister of Police v Tshabalala (85675/2016) [2019] ZAGPPHC 358 (10 July 2019)

55 Reportability
Personal Injury Law - Slip and Fall

Brief Summary

Appeal — Leave to appeal — Application for leave to appeal against order of court — Appellant contending that the court erred in its discretionary award of damages — Appellant granted leave to appeal on the ground that the amount awarded was shockingly inappropriate and grossly excessive.

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South Africa: North Gauteng High Court, Pretoria
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[2019] ZAGPPHC 358
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Minister of Police v Tshabalala (85675/2016) [2019] ZAGPPHC 358 (10 July 2019)

IN THE HIGH COURT OF SOUTH
AFRICA
(GAUTENG DIVISION, PRETORIA)
(1)
REPORTABLE:
YES
/NO
(2)
OF
INTEREST TO OTHER JUDGES:
YES
/NO
(3)
REVISED.
CASE:
85675/2016
10/7/2019
In
the matter between:
MINISTER
OF
POLICE

APPELLANT
and
H
A TSHABALALA

1
st
RESPONDENT
JUDGMENT
NAIR
AJ
[1]
This is an application for leave to appeal against the order of this
court granted
and on 13 November 2018.
[2]
Having heard the parties and having considered all the grounds listed
in the application
of leave to appeal:
ORDER
2.1
The applicant is granted leave to appeal only the following ground
raised in the application
for leave to appeal.
2.1.1   " The court
erred or misdirected itself in tis discretionary avoid of the amount
of R500 000.00 in that is
shockingly in appropriate and grossly
excessive.
D NAIR
ACTING JUDGE OF THE HIGH COURT
GAUTENG DIVISION, PRETORIA
CASE
NO: 85675/2016
HEARD ON

:           11 JUNE
2019
FOR THE PLAINTIFF
:           ADV N D
BUTHELEZI
INSTRUCTED BY
:

RAMAGWAGWA ATTORNEYS
FOR
THE DEFENDANT    :
ADV W N MOTHIBE
INSTRUCTED
BY
:
STATE
ATTORNEY
DATE
OF JUDGMENT      :
10 JULY 2019