du Plessis v Namene (235 of 2009) [2013] NAHCMD 112 (25 April 2013)

du Plessis v Namene (235 of 2009) [2013] NAHCMD 112 (25 April 2013)

The defendant was negligent by failing to keep a proper lookout, driving at excessive speed, and not applying brakes, which caused the collision. The plaintiff was also negligent by failing to check his rear-view mirrors before turning, contributing to the accident. Liability was apportioned 90% to the defendant and 10% to the plaintiff.

Citation
[2013] NAHCMD 112
Parties
Plaintiff: Serge du Plessis; Defendant: Jannie Chris Namene
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
25 April 2013
Case Number
235 of 2009
Procedural Posture
Civil / Judgment
Outcome
Judgment for the plaintiff, with apportionment for contributory negligence.
Legal Topics
Negligence, Contributory Negligence, Motor Vehicle Accident, Damages
Source Language
English
Tort Civil Procedure Negligence Contributory Negligence Motor Vehicle Accident Damages

Case Brief

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Parties

Serge du Plessis

Plaintiff

Jannie Chris Namene

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the defendant was negligent and caused the collision
  2. 2 Whether the plaintiff contributed to the collision through his own negligence
  3. 3 Apportionment of liability for damages

Ratio Decidendi

The defendant was negligent by failing to keep a proper lookout, driving at excessive speed, and not applying brakes, which caused the collision. The plaintiff was also negligent by failing to check his rear-view mirrors before turning, contributing to the accident. Liability was apportioned 90% to the defendant and 10% to the plaintiff.

Court Disposition

Judgment for the plaintiff, with apportionment for contributory negligence.

Orders

  • Plaintiff awarded 90% of N$49,333.43 plus interest at 20% per annum from date of judgment to full payment.
  • Defendant to pay costs of the suit, including costs of one instructing and one instructed counsel.