The respondent, Mr Cloete, an itinerant gardener, was walking lawfully along Rowan Street, Port Elizabeth, when he was attacked without warning by three dogs owned by the appellant, Mr van Meyeren. The dogs escaped from the appellant’s property through a gate and severely mauled Mr Cloete, resulting in the amputation of his left arm. Mr van Meyeren was away at the time. He alleged that the gate had been locked and that an unknown intruder must have broken the locks, allowing the dogs to escape. Mr Cloete sued under the actio de pauperie, alternatively in negligence. The High Court upheld liability, and the owner appealed to the Supreme Court of Appeal.