Namibia News Distributors (Pty) Ltd v Kashe (HC-MD-CIV-ACT-DEL- 1553 of 2018) [2020] NAHCMD 538 (23 November 2020)

Namibia News Distributors (Pty) Ltd v Kashe (HC-MD-CIV-ACT-DEL- 1553 of 2018) [2020] NAHCMD 538 (23 November 2020)

The plaintiff failed to establish a prima facie case against the defendant, as the evidence showed the defendant would not have collided with the plaintiff but for the third party's actions. The application for absolution from the instance was granted.

Citation
[2020] NAHCMD 538
Parties
Plaintiff: Namibia News Distributors (Pty) Ltd; Defendant: Reinhardt Kashe; Third Party: J Shikongo
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
23 November 2020
Case Number
HC-MD-CIV-ACT-DEL- 1553 of 2018
Procedural Posture
Delict / Special Plea; Application for Absolution From the Instance at Close of Plaintiff's Case
Outcome
application for absolution from the instance granted with costs
Legal Topics
Absolution From the Instance, Negligence, Motor Vehicle Collision, Prima Facie Case
Source Language
English
Civil Law Delict Absolution From the Instance Negligence Motor Vehicle Collision Prima Facie Case

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Parties

Namibia News Distributors (Pty) Ltd

Plaintiff

Reinhardt Kashe

Defendant

J Shikongo

Third Party

Procedural Posture

Delict / Special Plea; Application for Absolution From the Instance at Close of Plaintiff's Case

Legal Issues

  1. 1 Whether the defendant was negligent and solely caused the collision
  2. 2 Whether the plaintiff established a prima facie case against the defendant
  3. 3 Application of res ipsa loquitur

Ratio Decidendi

The plaintiff failed to establish a prima facie case against the defendant, as the evidence showed the defendant would not have collided with the plaintiff but for the third party's actions. The application for absolution from the instance was granted.

Court Disposition

application for absolution from the instance granted with costs

Orders

  • The application for absolution from the instance is granted with costs.