Gerber v Adams-August (2926/2019)
Gerber v Adams-August (2926/2019) [2023] ZAECQBHC 64 (14 November 2023)
The court found that the plaintiff failed to prove that the defendant was the owner of the dog, Gustav, as required for liability under the actio de pauperie. The evidence established that the dog belonged to the defendant's son, Rivaro, and was left in the care of Mikayla. The defendant had consistently advised officials of this fact, and her signing of the SPCA form did not override her denial of ownership. The court declined to develop the common law to extend ownership in pauperien claims, as the issue was not pleaded or explored in evidence. On the alternative claim of negligence, the co…
Source excerpt
- Actio De Pauperie
- Ownership Of Domesticated Animals
- Negligence
- Development Of Common Law