Molele v Van Heerden (60192/2015) [2018] ZAGPPHC 609 (28 March 2018)

Molele v Van Heerden (60192/2015) [2018] ZAGPPHC 609 (28 March 2018)

The court found that the respondent failed to establish a prima facie case for malicious prosecution. The applicant initiated criminal proceedings with reasonable cause and without malice, and the respondent was never formally indicted or prosecuted. The respondent did not provide sufficient evidence or documentation to substantiate his claims for damages or contumelia. The requirements for malicious prosecution were not met, and the respondent failed to prove the quantum of damages. Applying the test for absolution from the instance, the court concluded that no reasonable court could find for the respondent on the evidence presented. Accordingly, absolution from the instance was granted,...

Citation
[2018] ZAGPPHC 609
Parties
Applicant: Josias Chaba Molele; Respondent: Daniel van Heerden
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
28 March 2018
Case Number
60192/2015
Procedural Posture
Absolution Application / Application for Absolution From the Instance After Close of Plaintiff's Case
Outcome
Application for absolution from the instance granted. Respondent to pay costs on attorney and client scale.
Judges
C M Sardiwalla
Legal Topics
Malicious Prosecution, Absolution From Instance, Quantum of Damages, Contumelia
Civil Procedure Delict Malicious Prosecution Absolution From Instance Quantum of Damages Contumelia

Case Brief

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Parties

Josias Chaba Molele

Applicant

Daniel van Heerden

Respondent

Procedural Posture

Absolution Application / Application for Absolution From the Instance After Close of Plaintiff's Case

Legal Issues

  1. 1 Whether the respondent established a prima facie case of malicious prosecution against the applicant.
  2. 2 Whether the respondent proved damages and contumelia resulting from the alleged malicious prosecution.
  3. 3 Whether the applicant is entitled to absolution from the instance.

Ratio Decidendi

The court found that the respondent failed to establish a prima facie case for malicious prosecution. The applicant initiated criminal proceedings with reasonable cause and without malice, and the respondent was never formally indicted or prosecuted. The respondent did not provide sufficient evidence or documentation to substantiate his claims for damages or contumelia. The requirements for malicious prosecution were not met, and the respondent failed to prove the quantum of damages. Applying the test for absolution from the instance, the court concluded that no reasonable court could find for the respondent on the evidence presented. Accordingly, absolution from the instance was granted,...

Court Disposition

Application for absolution from the instance granted. Respondent to pay costs on attorney and client scale.

Orders

  • The application for absolution from the instance in the main trial is granted.
  • The respondent shall bear the costs of this application and the main trial on an attorney and client scale.