NGIZWENINSHUTI v MUHIMA
The Supreme Court held that procedural objections not appealed at first instance cannot be revived in review for injustice. Police accident reports are not conclusive unless based on direct observation; in this case, the report was based on hearsay and analysis, so it could be rebutted. The evidence showed Muhima Giovanni entered the intersection against a red light, making him liable for the accident. Ngizweninshuti Albert was entitled to reimbursement of sums paid, interest, and legal costs.
Source excerpt
- Review on grounds of injustice
- Burden of proof in traffic accidents
- Evidentiary value of police reports
- Compensation for damages
- Procedural bars to re-litigation