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South Africa decisions
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P E obo L E v Member of the Executive Council for Health of the Gauteng Province (37431/2013) [2020] ZAGPJHC 276 (9 October 2020)
The court allowed the plaintiff to reopen her case to lead further radiology expert evidence and file the required expert notice and summary.
Preller Plain Apteek v Hesketh; In Re: Hesketh v Preller Plain Apteek (5900/2008) [2018] ZAFSHC 199 (8 November 2018)
The High Court refused leave to appeal, finding no reasonable prospect of success on hearsay, expert reasoning, or credibility grounds.
Kitching and Another v Premier of the Eastern Cape Province (343/07) [2011] ZAECBHC 5 (17 February 2011)
The court found that the appellants failed to discharge the onus of proving that William Kitching retained neurological function on admission to Livingstone Hospital and that any negligent act or omission by the respondent's servants caused the paraplegia. The evidence of movement of William's legs after admission was found to be a fabrication, and the credibility of the appellants' witnesses, particularly Nico Kitching, was seriously undermined by inconsistencies and abandonment of earlier versions. The expert and factual evidence did not support the appellants' case, and the probabilities f…
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