Read the full judgment text of CACV 000433/2006 on BabelCite. This Court of Appeal judgment was delivered on 24 October 2007.
1. I have had the advantage of reading the judgment in draft of Le Pichon JA. I agree that this appeal should be allowed with the order proposed. However, the decision has caused me no little anxiety. This was primarily due to the fact that the maxim res ipsa loquitur had been relied upon. I found difficulty with that because two causes of the plaintiff’s condition had been put forward and both had been rejected by the judge. In those circumstances, on the face of the matter, it appeared to