Van Wyk v Cocklin [2020] NAHCMD 272 (7 July 2020)

Van Wyk v Cocklin [2020] NAHCMD 272 (7 July 2020)

The plaintiff failed to tender evidence upon which the court could reasonably find for him on the issues of negligence and quantum of damages. No credible or sufficient evidence was led to establish the defendant's negligence or to prove the damages claimed. Therefore, absolution from the instance was granted.

Citation
[2020] NAHCMD 272
Parties
Plaintiff: David George Van Wyk; Defendant: Thomas Cocklin
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
7 July 2020
Procedural Posture
Civil Action (delict/damages) / Application for Absolution From the Instance at Close of Plaintiff's Case
Outcome
Application for absolution from the instance granted. Plaintiff to pay costs. Matter finalised and removed from the roll.
Legal Topics
Negligence, Absolution From the Instance, Liability for Animals, Quantum of Damages
Source Language
English
Tort Civil Procedure Negligence Absolution From the Instance Liability for Animals Quantum of Damages

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Parties

David George Van Wyk

Plaintiff

Thomas Cocklin

Defendant

Procedural Posture

Civil Action (delict/damages) / Application for Absolution From the Instance at Close of Plaintiff's Case

Legal Issues

  1. 1 Whether the defendant was negligent in allowing cattle to stray onto the road causing the accident
  2. 2 Whether the plaintiff proved the quantum of damages claimed

Ratio Decidendi

The plaintiff failed to tender evidence upon which the court could reasonably find for him on the issues of negligence and quantum of damages. No credible or sufficient evidence was led to establish the defendant's negligence or to prove the damages claimed. Therefore, absolution from the instance was granted.

Court Disposition

Application for absolution from the instance granted. Plaintiff to pay costs. Matter finalised and removed from the roll.

Orders

  • The application for absolution from the instance is granted.
  • The plaintiff is ordered to pay the costs of suit.