On Sunday morning 6 July 2008 the plaintiff, a 78 year old lady, set off from the Sanctuary, a retirement village in Bingley Street, Central Port Elizabeth, on her way to the Trinity Baptist Church in Dickens Street. She left on foot, and walked alone. She crossed Bingley Street and turned the corner at the Old Austria restaurant into Westbourne Road where she mounted the pavement. A few steps further her foot caught a raised pavement block. She stumbled and fell, thereby sustaining severe injuries, including a cracked sternum.

[2] Soon other church-goers came to her assistance and she was lifted into a wheelchair. She was taken directly to the Greenacres Hospital, Port Elizabeth. On her discharge on 9 July she was admitted to Echo Foundation Frail Care Center and discharged on 1 August 2008 when she returned to the Sanctuary.

[3] In consequence of the above, the plaintiff instituted a claim out of the Port Elizabeth High Court against the Nelson Mandela Bay Municipality (the defendant) claiming damages. The claim was defended. On 23 March 2010 the High Court (per Chetty J) non-suited the plaintiff and dismissed her claim with costs. The plaintiff appealed against this judgment. This is the judgment on appeal.