Emordi and Another v FBS Security Services (Pty) Ltd and Others (14666/2016) [2021] ZAWCHC 139; 2021 (2) SACR 451 (WCC) (27 July 2021)

Emordi and Another v FBS Security Services (Pty) Ltd and Others (14666/2016) [2021] ZAWCHC 139; 2021 (2) SACR 451 (WCC) (27 July 2021)

The court found, on the probabilities, that the first plaintiff did not steal the disputed items from Shoprite but had purchased them at Parow Mark prior to entering Shoprite. The defendants failed to provide the plaintiff a reasonable opportunity to explain her possession of the items or to retrieve proof of purchase, and their investigation was superficial and inadequate. The detention by Shoprite and FBS from 17h30 to 19h30 was unlawful, as the suspicion of theft was not properly assessed and did not meet the standard of reasonableness required by law. The subsequent arrest and overnight detention by the police was also unlawful, as the arresting officer failed to engage with the...

Citation
[2021] ZAWCHC 139
Parties
Plaintiff: Joy Ewere Emordi; Plaintiff: Fidelis Ijeoma Agholar; Defendant: FBS Security Services (Pty) Ltd; Defendant: Shoprite Checkers (Pty) Ltd; Defendant: Minister of Police; Defendant: Corporate Investigating and Veracity Assessments (Pty) Ltd; Defendant: Veracity Assessments (Pty) Ltd
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
27 July 2021
Case Number
14666/2016
Procedural Posture
Civil Trial / Judgment After Trial
Outcome
The first and second defendants are jointly and severally liable to the first plaintiff for damages arising from her unlawful detention at Shoprite Parow between 17h30 and 19h30 on 19 October 2015. The third defendant is liable for damages arising from her unlawful arrest and detention by police between 19h30 on 19...
Judges
Bozalek
Legal Topics
Wrongful Arrest, Unlawful Detention, Shoplifting, Vicarious Liability, Indemnity Clause, Reasonable Suspicion
Delict Civil Procedure Land and Property Wrongful Arrest Unlawful Detention Shoplifting Vicarious Liability Indemnity Clause +1 more

Case Brief

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Parties

Joy Ewere Emordi

Plaintiff

Fidelis Ijeoma Agholar

Plaintiff

FBS Security Services (Pty) Ltd

Defendant

Shoprite Checkers (Pty) Ltd

Defendant

Minister of Police

Defendant

Corporate Investigating and Veracity Assessments (Pty) Ltd

Defendant

Veracity Assessments (Pty) Ltd

Defendant

Procedural Posture

Civil Trial / Judgment After Trial

Legal Issues

  1. 1 Whether the first plaintiff was unlawfully arrested and detained at Shoprite Parow on 19 October 2015.
  2. 2 Whether the defendants, or any of them, are liable for damages arising from the plaintiff's detention and arrest.
  3. 3 Whether Shoprite is entitled to indemnity from FBS and CIVA under service agreements.

Ratio Decidendi

The court found, on the probabilities, that the first plaintiff did not steal the disputed items from Shoprite but had purchased them at Parow Mark prior to entering Shoprite. The defendants failed to provide the plaintiff a reasonable opportunity to explain her possession of the items or to retrieve proof of purchase, and their investigation was superficial and inadequate. The detention by Shoprite and FBS from 17h30 to 19h30 was unlawful, as the suspicion of theft was not properly assessed and did not meet the standard of reasonableness required by law. The subsequent arrest and overnight detention by the police was also unlawful, as the arresting officer failed to engage with the...

Court Disposition

The first and second defendants are jointly and severally liable to the first plaintiff for damages arising from her unlawful detention at Shoprite Parow between 17h30 and 19h30 on 19 October 2015. The third defendant is liable for damages arising from her unlawful arrest and detention by police between 19h30 on 19...

Orders

  • It is declared that the first and second defendants are jointly and severally liable to the first plaintiff for any damages she may prove arising out of her unlawful arrest and detention at Shoprite, Parow on 19 October 2015 between 17h30 and 19h30.
  • The third defendant is declared liable for any damages which the first plaintiff may prove as a result of her unlawful arrest and detention by the third defendant's servants between 19h30 on 19 October 2015 and her release on 20 October 2015.