Taapopi v Jason [2020] NAHCMD 321 (30 July 2020)

Taapopi v Jason [2020] NAHCMD 321 (30 July 2020)

The defendants failed to provide a satisfactory explanation for the wheel disengaging from the moving bus, an occurrence that does not normally happen without negligence. The presumption of negligence under res ipsa loquitur was not rebutted, and thus the defendants were found negligent.

Citation
[2020] NAHCMD 321
Parties
Plaintiff: Johanna Taapopi; 1st Defendant: Christine Johannes Jason; 2nd Defendant: Windhoek Airport Transfers Tours and Rentals CC
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
30 July 2020
Procedural Posture
Delict / Judgment
Outcome
Judgment for the plaintiff.
Legal Topics
Negligence, Res Ipsa Loquitur, Motor Vehicle Accidents
Source Language
English
Tort Negligence Res Ipsa Loquitur Motor Vehicle Accidents

Case Brief

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Parties

Johanna Taapopi

Plaintiff

Christine Johannes Jason

1st Defendant

Windhoek Airport Transfers Tours and Rentals CC

2nd Defendant

Procedural Posture

Delict / Judgment

Legal Issues

  1. 1 Whether the defendants were negligent in the maintenance and operation of the vehicle resulting in the wheel disengaging and causing damage to the plaintiff's vehicle.

Ratio Decidendi

The defendants failed to provide a satisfactory explanation for the wheel disengaging from the moving bus, an occurrence that does not normally happen without negligence. The presumption of negligence under res ipsa loquitur was not rebutted, and thus the defendants were found negligent.

Court Disposition

Judgment for the plaintiff.

Orders

  • Defendants are jointly and severally to pay plaintiff’s costs, the one paying, the other to be absolved.
  • The matter is considered finalised and is removed from the roll.