Illustrative only · Anonymised

Case examples.

Fully anonymised examples reflecting the kinds of matters we assess. Illustrative only — every case depends on its own facts and the applicable law.

01
Withdrawn Charges

Arrested at work · three nights detained

  • Arrested at place of employment on a bare accusation
  • Not brought to court within 48 hours
  • Charges later withdrawn by the NPA
  • Claim instituted against the Minister of Police
02
Warrantless Arrest

Mistaken identity · two nights held

  • No warrant produced at time of arrest
  • Section 40 CPA jurisdictional facts not established
  • Reasonable-grounds test (per Sekhoto) not met on the facts
  • Damages assessed on Tyulu principles
03
Unlawful Detention

Detained overnight · released without charge

  • Detained after minor incident with no reasonable suspicion
  • Released the next morning without any charge
  • Deprivation of liberty compensable (Zealand)
  • Matter resolved by settlement
04
Faulty Warrant

Warrant executed at home

  • Warrant obtained on inaccurate information
  • Execution at private residence in the early hours
  • Charges withdrawn a month later
  • Damages considered under multiple heads
05
Extended Detention

Held over the weekend

  • Arrested Friday evening
  • Not brought before a magistrate until Monday afternoon
  • Alleged assault in custody — supported by medical evidence
  • Multiple heads of damages under Woji framework
06
Prolonged Hold

Released without charge after 24 hours

  • Detained pending investigation without formal charge
  • Released after 24 hours; no prosecution followed
  • Assessed as unlawful arrest and detention
  • Constitutional damages recognised

Illustrative examples only. These do not identify any real client. Every matter depends on its own facts and the applicable law. No representation is made that any particular outcome will be achieved. Nothing on this page constitutes legal advice.