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AI summary
The Western Cape High Court considered an application for leave to appeal in Abrahams v Minister of Police. The judgment concerns a damages claim arising from the shooting of the plaintiff by a police officer, and the application was confined to the apportionment of damages. The court said there were reasonable prospects of success and granted leave to appeal to the Full Court of the division.
This appears to concern the apportionment of damages in a police shooting matter and the court’s approach to leave to appeal.
Evidence from source
The Applicant now seeks leave to appeal against the judgment. More specifically, the application for leave to appeal is confined to a crisp legal issue, namely, the application of the Apportionment of damages Act of 1956.
Supports: The matter concerns an application for leave to appeal focused on apportionment of damages.
For all these reasons, I am of the view that there are reasonable prospects of success of this appeal. In the result the following order is issued: Leave to appeal is granted to the Full Court of this division.
Supports: The court granted leave to appeal.
The factual matrix underpinning the assailed judgment and order may be summarised thus: It is not in dispute that Constable Kearns, an employee of the Defendant shot the Applicant on 14 October 2017.