Mantla v Twynham (CA223/2014) [2015] ZAECGHC 15 (24 March 2015)

Mantla v Twynham (CA223/2014) [2015] ZAECGHC 15 (24 March 2015)

The court found that the magistrate erred in granting absolution from the instance, as there was evidence upon which a reasonable court might find for the plaintiff. The appellant’s evidence, though not without contradictions, was supported by her daughter and established a prima facie case that leftovers and scraps may not have required permission to remove. The existence of a blanket prohibition was disputed, and the question of reasonable and probable cause depended on whether the prohibition included such items. The magistrate’s conclusion that the plaintiff failed to make out a prima facie case was incorrect, and absolution from the instance should not have been granted.

Citation
[2015] ZAECGHC 15
Parties
Appellant: Buyiswa Gladys Mantla; Respondent: Antoinette Twynham
Court
Eastern Cape High Court, Grahamstown
Jurisdiction
South Africa
Judgment Date
24 March 2015
Case Number
CA223/2014
Procedural Posture
Civil Appeal / Appeal Against Magistrate's Order Granting Absolution From the Instance at Close of Plaintiff's Case
Outcome
Appeal upheld; magistrate’s order granting absolution from the instance set aside.
Judges
J.D. Pickering, M. Makaula
Legal Topics
Malicious Prosecution, Deprivation of Liberty, Animus Iniuriandi, Reasonable and Probable Cause
Delict Malicious Prosecution Deprivation of Liberty Animus Iniuriandi Reasonable and Probable Cause

Case Brief

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Parties

Buyiswa Gladys Mantla

Appellant

Antoinette Twynham

Respondent

Procedural Posture

Civil Appeal / Appeal Against Magistrate's Order Granting Absolution From the Instance at Close of Plaintiff's Case

Legal Issues

  1. 1 Whether the defendant maliciously set the law in motion by laying a false charge of theft against the plaintiff.
  2. 2 Whether the defendant acted without reasonable and probable cause and was actuated by malice.
  3. 3 Whether the plaintiff made out a prima facie case sufficient to avoid absolution from the instance.

Ratio Decidendi

The court found that the magistrate erred in granting absolution from the instance, as there was evidence upon which a reasonable court might find for the plaintiff. The appellant’s evidence, though not without contradictions, was supported by her daughter and established a prima facie case that leftovers and scraps may not have required permission to remove. The existence of a blanket prohibition was disputed, and the question of reasonable and probable cause depended on whether the prohibition included such items. The magistrate’s conclusion that the plaintiff failed to make out a prima facie case was incorrect, and absolution from the instance should not have been granted.

Court Disposition

Appeal upheld; magistrate’s order granting absolution from the instance set aside.

Orders

  • The appeal succeeds with costs.
  • The decision of the magistrate absolving defendant from the instance is set aside and substituted by an order dismissing the application for absolution from the instance.