High Court of South Africa Eastern Cape, Port Elizabeth - 2011 February

2 judgments
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2 judgments
Citation
Judgment date
February 2011
A municipality’s failure to implement its pavement maintenance procedures was wrongful and culpable, entitling the appellant to damages.
Municipal liability for omissions; pavements maintenance; wrongfulness determined by legal convictions of the community; distinction between wrongfulness and culpa; application of Kruger v Coetzee; negligent implementation of maintenance procedures v. system design.
17 February 2011
Intermittent incapacitating seizures and frontal-lobe damage justified appointment of a curator ad litem to protect the plaintiff’s litigation capacity.
Curator ad litem — capacity to litigate — frontal lobe injury, seizures and fluctuating cognition may necessitate curator despite gainful employment; Rule 57 procedural requirements not peremptory; costs — applicant to nominate curator; appointment safeguards to protect litigation integrity.
1 February 2011