Jacobs v Long and Another (7953/2004) [2011] ZAWCHC 21 (22 February 2011)

Jacobs v Long and Another (7953/2004) [2011] ZAWCHC 21 (22 February 2011)

Given the wide range of legal and factual issues and the importance of the matter, the court found it inappropriate to limit the grounds of appeal. There are reasonable prospects of success on appeal in respect of all the grounds raised by the defendants. The court exercised its discretion to grant leave to appeal to the Supreme Court of Appeal against the whole of the judgment, allowing the defendants to ventilate all grounds impacting the various issues. Costs were reserved for later determination.

Citation
[2011] ZAWCHC 21
Parties
Plaintiff: Tania Megan Jacobs; Defendant: Keith Long; Defendant: The Member of the Executive Committee for Education, Western Cape
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
22 February 2011
Case Number
7953/2004
Procedural Posture
Leave to Appeal / Application for Leave to Appeal
Outcome
Leave to appeal granted to the Supreme Court of Appeal against the whole of the judgment handed down on 4 November 2010. Costs reserved.
Judges
Moosa
Legal Topics
Negligence, Delictual Liability, School Premises Incident, Quantum of Damages
Delict Negligence Delictual Liability School Premises Incident Quantum of Damages

Case Brief

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Parties

Tania Megan Jacobs

Plaintiff

Keith Long

Defendant

The Member of the Executive Committee for Education, Western Cape

Defendant

Procedural Posture

Leave to Appeal / Application for Leave to Appeal

Legal Issues

  1. 1 Whether leave to appeal should be granted against the whole of the judgment handed down on 4 November 2010.
  2. 2 Whether the grounds of appeal should be limited to particular issues or cover all elements of the delictual claim.
  3. 3 Whether there are reasonable prospects of success on appeal regarding unlawfulness, negligence, causation, harm, and quantum.

Ratio Decidendi

Given the wide range of legal and factual issues and the importance of the matter, the court found it inappropriate to limit the grounds of appeal. There are reasonable prospects of success on appeal in respect of all the grounds raised by the defendants. The court exercised its discretion to grant leave to appeal to the Supreme Court of Appeal against the whole of the judgment, allowing the defendants to ventilate all grounds impacting the various issues. Costs were reserved for later determination.

Court Disposition

Leave to appeal granted to the Supreme Court of Appeal against the whole of the judgment handed down on 4 November 2010. Costs reserved.

Orders

  • Defendants are granted leave to appeal to the Supreme Court of Appeal against the whole of the judgment handed down on 4 November 2010.
  • Costs shall stand over for later determination.