Gabrielsen v Crown Security CC (2) (563 of 2007) [2013] NAHCMD 124 (13 May 2013)

Gabrielsen v Crown Security CC (2) (563 of 2007) [2013] NAHCMD 124 (13 May 2013)

The guard's actions were unlawful and wrongful, committed within the course and scope of employment, making the employer vicariously liable for damages. The plaintiff's injuries and damages were proved and unchallenged by the defendant, warranting compensation.

Citation
[2013] NAHCMD 124
Parties
Plaintiff: Johannes JA Gabrielsen; Defendant: Crown Security CC
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
13 May 2013
Case Number
563 of 2007
Procedural Posture
Delictual Claim / Final Judgment
Outcome
Judgment for plaintiff
Legal Topics
Vicarious Liability, Personal Injury, Damages Assessment
Source Language
English
Tort Employment Law Vicarious Liability Personal Injury Damages Assessment

Case Brief

Summary, issues, holding and outcome

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Parties

Johannes JA Gabrielsen

Plaintiff

Crown Security CC

Defendant

Procedural Posture

Delictual Claim / Final Judgment

Legal Issues

  1. 1 Whether the security guard's actions were unlawful and wrongful
  2. 2 Whether the employer is vicariously liable for the guard's actions
  3. 3 Assessment of damages for personal injury

Ratio Decidendi

The guard's actions were unlawful and wrongful, committed within the course and scope of employment, making the employer vicariously liable for damages. The plaintiff's injuries and damages were proved and unchallenged by the defendant, warranting compensation.

Court Disposition

Judgment for plaintiff

Orders

  • Payment of N$7,647,190.79 for special damages
  • Payment of N$1,000,000.00 for general damages and loss of amenities