Alberts v Muller (2021/45446) [2024] ZAGPJHC 768 (2 August 2024)

Alberts v Muller (2021/45446) [2024] ZAGPJHC 768 (2 August 2024)

The court found that the plaintiff established a prima facie case of negligence against the defendant. The evidence showed that the defendant, as landlord, was responsible for maintenance of the gate, which had malfunctioned for years and ultimately collapsed, injuring the plaintiff. The defendant admitted a duty of care but pleaded a bare denial without presenting a contrary version or amending his pleadings to introduce new defences. The plaintiff's evidence was corroborated by witnesses and WhatsApp messages. The court held that the standard for resisting absolution is lower than proof on a balance of probabilities and that the plaintiff's evidence was sufficient to require an answer...

Citation
[2024] ZAGPJHC 768
Parties
Plaintiff: Elfreda Alberts; Defendant: Louis Andre Muller
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
2 August 2024
Case Number
2021/45446
Procedural Posture
Civil Procedure / Application for Absolution From the Instance at Close of Plaintiff's Case
Outcome
Defendant's application for absolution from the instance dismissed; costs awarded against defendant on scale B.
Judges
JL Bhengu
Legal Topics
Absolution From the Instance, Duty of Care, Negligence, Lease Agreement, Prima Facie Case, Maintenance of Premises
Delict Civil Procedure Land and Property Absolution From the Instance Duty of Care Negligence Lease Agreement Prima Facie Case +1 more

Case Brief

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Parties

Elfreda Alberts

Plaintiff

Louis Andre Muller

Defendant

Procedural Posture

Civil Procedure / Application for Absolution From the Instance at Close of Plaintiff's Case

Legal Issues

  1. 1 Whether the plaintiff established a prima facie case of negligence against the defendant sufficient to resist absolution from the instance.
  2. 2 Whether the defendant owed and breached a duty of care to the plaintiff as tenant regarding maintenance of the gate.
  3. 3 Whether the plaintiff suffered harm as a result of the defendant's alleged wrongful conduct.

Ratio Decidendi

The court found that the plaintiff established a prima facie case of negligence against the defendant. The evidence showed that the defendant, as landlord, was responsible for maintenance of the gate, which had malfunctioned for years and ultimately collapsed, injuring the plaintiff. The defendant admitted a duty of care but pleaded a bare denial without presenting a contrary version or amending his pleadings to introduce new defences. The plaintiff's evidence was corroborated by witnesses and WhatsApp messages. The court held that the standard for resisting absolution is lower than proof on a balance of probabilities and that the plaintiff's evidence was sufficient to require an answer...

Court Disposition

Defendant's application for absolution from the instance dismissed; costs awarded against defendant on scale B.

Orders

  • The defendant's application for absolution from the instance is dismissed.
  • The defendant is ordered to pay the costs of this application on scale B.