High Court of South Africa Eastern Cape, Port Elizabeth - 2023 November

2 judgments
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2 judgments
Citation
Judgment date
November 2023
Applicant failed to prove ownership of attacking dog; actio de pauperie claim dismissed and negligence not established.
Actio de pauperie – liability founded on ownership; possession insufficient; onus on plaintiff to prove ownership; evidential weight of SPCA/impoundment forms; development of common law requires proper pleading and fair notice; negligence claim where escape caused by third party not imputed to absent owner.
14 November 2023
Whether the defendant must pay plaintiff’s trial-day and attendance costs where disputed dates were, on the facts, set down for trial.
Costs — entitlement to trial-day and counsel fees — whether matter was set down for trial or stood down for settlement — attendance fees for appearances before Deputy Judge President — factual inquiry into court file and orders.
1 November 2023