The Western Cape High Court considered an appeal in a damages claim arising from police entry and search of Mr Nayo’s property. It said the Regional Court had misdirected itself on the evidence and on the legal principles governing warrantless entry, and upheld the appeal with costs. The court set aside the dismissal of the claim and replaced it with an order upholding the claim for property damage that Mr Nayo may be able to prove, while dismissing the claim for anxiety and contumelia.
This appears to concern civil trial evidence, police entry without a warrant, and damages claims arising from a police operation.
Evidence from source
The court a quo misdirected itself in making that finding.
Supports: Summary statement that the Regional Court misdirected itself.
ORDER 1. That the appeal is upheld with costs. 2. That the order of the Regional Court dismissing the claim is set aside and replaced with the following order:
Supports: Summary statement that the appeal was upheld and the order was replaced.
2.1 The claim for damages caused to Mr Nayo's property, which he may be able to prove, is upheld with costs. 2.2 The claim for damages based on ‘anxiety and contumelia’ is dismissed
Supports: Summary statement about the outcome of the two components of the claim.