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South Africa decisions
Decisions matching the current search
Banda v Minister of Police (A40/24) [2024] ZAMPMBHC 78 (29 October 2024)
Full bench appeal on quantum for unlawful arrest and three-day detention dismissed; the High Court upheld the R75,000 award and found no misdirection.
N.S obo A.S v Road Accident Fund (4441/2023) [2024] ZAMPMBHC 62 (5 September 2024)
High Court award in a RAF claim for a minor pedestrian, covering loss of earning capacity, general damages, costs, and a future-medical undertaking.
Minister of Police v Khedama (AR259/2022) [2024] ZAKZPHC 23 (18 March 2024)
Appeal against a R1 million award for unlawful arrest and detention was upheld, with damages reduced to R350,000 and interest ordered from judgment date.
Monyane v Minister of Police (CIV APP MG 23/23) [2023] ZANWHC 226 (14 December 2023)
An unopposed appeal against a R10,000 award for unlawful arrest and detention was dismissed. The High Court found no misdirection and held the award fair.
Masiteng v Minister of Police (A139/2022) [2023] ZAFSHC 175 (12 May 2023)
Appeal against a R30,000 award for unlawful arrest and 42 hours’ detention was dismissed; the High Court found no basis to interfere with the quantum.
Minister and Safety and Security v Lutchman and Others (A343/2018) [2022] ZAGPPHC 177 (24 March 2022)
High Court appeal on damages for unlawful arrest and detention reduced the awards, finding the trial court had overestimated the quantum on the facts.
Khukwane v Minister of Police and Another (CIV APP MG 10/2021) [2021] ZANWHC 82 (3 December 2021)
High Court upheld an appeal on quantum for unlawful arrest and detention, increasing damages from R25,000 to R45,000 for three days’ detention.
Mocumi v Minister of Police and Another (CIV APP MG 9/2021) [2021] ZANWHC 83 (3 December 2021)
Appeal against quantum in an unlawful arrest and detention claim. The High Court increased damages from R25,000 to R45,000 for three days’ detention.
Minister of Police v Claasen (CA299/2019) [2020] ZAECGHC 115 (15 September 2020)
High Court appeal over unlawful arrest and detention dismissed; the court upheld damages, counsel costs, and interest from demand.
Maphoto and Others v Minister of Police and Another (A3172/18) [2019] ZAGPJHC 296 (29 August 2019)
The court held that the refusal to award damages to appellants who did not testify was a misdirection, as the relevant facts regarding the circumstances of arrest and detention were established and common to all. The absence of personal testimony does not preclude an award of general damages for unlawful arrest and detention, especially where the onus is on the defendant and the unlawfulness is established. The court found the quantum awarded to appellants 12 and 15 to be inadequate and increased it to R80,000 each, while awarding R60,000 to each of the remaining appellants. Interest was orde…
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