Anwarey v Loch Logan Waterfront (Pty) Ltd (2096/2018) [2022] ZAFSHC 362 (17 February 2022)

Anwarey v Loch Logan Waterfront (Pty) Ltd (2096/2018) [2022] ZAFSHC 362 (17 February 2022)

The court found that the plaintiff failed to establish a prima facie case against the defendant. The plaintiff could not explain how she fell and admitted she did not see the warning signs, which were clearly visible and intended to caution visitors about the removed tiles. The evidence did not support a logical inference that the removal of tiles caused the plaintiff's fall, nor did it establish negligence on the part of the defendant. The court held that the plaintiff's case rested on speculation rather than objective facts and that the defendant had no case to answer. Accordingly, absolution from the instance was granted.

Citation
[2022] ZAFSHC 362
Parties
Plaintiff: Katija Bebe Anwarey; Defendant: Loch Logan Waterfront (Pty) Ltd
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
17 February 2022
Case Number
2096/2018
Procedural Posture
Absolution Application / Application for Absolution From the Instance at Close of Plaintiff's Case
Outcome
Absolution from the instance granted; each party to pay its own costs.
Judges
N. M. Mbhele
Legal Topics
Absolution From the Instance, Duty of Care, Negligence, Premises Liability, Prima Facie Case
Delict Civil Procedure Absolution From the Instance Duty of Care Negligence Premises Liability Prima Facie Case

Case Brief

Summary, issues, holding and outcome

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Parties

Katija Bebe Anwarey

Plaintiff

Loch Logan Waterfront (Pty) Ltd

Defendant

Procedural Posture

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

Legal Issues

  1. 1 Whether the plaintiff established a prima facie case against the defendant for damages arising from a fall at the defendant's premises.
  2. 2 Whether the defendant breached a duty of care owed to the plaintiff.
  3. 3 Whether the evidence supports an inference of negligence on the part of the defendant.

Ratio Decidendi

The court found that the plaintiff failed to establish a prima facie case against the defendant. The plaintiff could not explain how she fell and admitted she did not see the warning signs, which were clearly visible and intended to caution visitors about the removed tiles. The evidence did not support a logical inference that the removal of tiles caused the plaintiff's fall, nor did it establish negligence on the part of the defendant. The court held that the plaintiff's case rested on speculation rather than objective facts and that the defendant had no case to answer. Accordingly, absolution from the instance was granted.

Court Disposition

Absolution from the instance granted; each party to pay its own costs.

Orders

  • Absolution from the instance is granted.
  • Each party to pay its own costs.