Andima v Leevi [2020] NAHCNLD 69 (17 June 2020)

The defendant failed to keep a proper lookout, did not indicate his intention to turn, and did not ensure it was safe to execute a right turn. The plaintiff's version was more probable and corroborated. Defendant's negligence was the sole cause of the accident.

Citation: [2020] NAHCNLD 69
Parties: Plaintiff: Silvester Andima; First Defendant: Isaka Leevi; Second Defendant: Zong Mei Engineering (Pty) Ltd
Court: Northern Local Division
Jurisdiction: Namibia
Judgment Date: 17 June 2020
Procedural Posture: Civil Delict (motor Vehicle Collision) / Judgment After Trial
Outcome: Judgment for the plaintiff. Defendants held jointly and severally liable.
Legal Topics: Negligence, Damages, Apportionment of Liability, Motor Vehicle Collisions
Source Language: English

Delict Civil Procedure Motor Vehicle Law Negligence Damages Apportionment of Liability Motor Vehicle Collisions

Case Brief

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Parties

Silvester Andima

Plaintiff

Isaka Leevi

First Defendant

Zong Mei Engineering (Pty) Ltd

Second Defendant

Procedural Posture

Civil Delict (motor Vehicle Collision) / Judgment After Trial

Legal Issues

1 Whether the plaintiff or defendant was negligent and caused the collision
2 Whether the defendants are liable for the plaintiff's damages
3 Whether the plaintiff contributed to the collision by his own negligence

Ratio Decidendi

Court Disposition

Judgment for the plaintiff. Defendants held jointly and severally liable.

Orders

Payment in the amount of N$45,000
Interest on the aforesaid amount at 20% per annum from the date of judgment to the date of final payment