The appellant (plaintiff) instituted action against the Ethekwini Municipality for damages arising from alleged unlawful arrest, search and detention. On 17 July 2009, following a minor traffic collision at Botanic Gardens Road, Durban, the plaintiff was arrested by members of the Durban Metropolitan Police Service. The arrest occurred after police gave chase to his BMW motor vehicle. When stopped at the intersection of Moore and Cleaver Roads, police found firearms in possession of the plaintiff's passenger and in the driver's door compartment, neither with licenses. The plaintiff and his passenger were arrested, handcuffed and detained, with the plaintiff being released after a few hours. The action was commenced by summons issued on 25 January 2010. The defendant initially pleaded and then amended its plea on 6 July 2011, which included a withdrawal of an admission that section 3(1)(a) of the Institution of Legal Proceedings Against Certain Organs of State Act 40 of 2002 had been complied with. After both parties closed their cases, the defendant argued non-compliance with s 3(1)(a), and the plaintiff applied to reopen his case to submit proof of a notice letter. The magistrate refused the application, the plaintiff appealed to the KwaZulu-Natal High Court which dismissed the appeal, and the plaintiff then appealed to the Supreme Court of Appeal with leave.