Avenant v Els (235/2011) [2012] ZAECPEHC 62 (6 September 2012)

Avenant v Els (235/2011) [2012] ZAECPEHC 62 (6 September 2012)

The court found that Mrs. Avenant, the plaintiff's wife, was driving at a grossly excessive speed, at least 102 km/h in a 60 km/h zone, and failed to brake or take reasonable steps to avoid the collision. Her evidence regarding her speed and actions was found to be dishonest, contradictory, and improbable. The defendant, Mrs. Els, was found to be a careful and honest witness who indicated her intention to turn and only commenced her manoeuvre after ensuring the road was clear. The court held that the defendant could not have anticipated the plaintiff's vehicle approaching at such excessive speed and that even if she had seen the vehicle immediately prior to the collision, it would have...

Citation
[2012] ZAECPEHC 62
Parties
Plaintiff: A.P. Avenant; Defendant: Sheila Els
Court
Eastern Cape High Court, Port Elizabeth
Jurisdiction
South Africa
Judgment Date
6 September 2012
Case Number
235/2011
Procedural Posture
Civil Trial / Final Judgment
Outcome
Plaintiff's claim dismissed with costs.
Judges
J.D. Pickering
Legal Topics
Negligence, Contributory Negligence, Motor Vehicle Collision, Recklessness
Delict Negligence Contributory Negligence Motor Vehicle Collision Recklessness

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

A.P. Avenant

Plaintiff

Sheila Els

Defendant

Procedural Posture

Civil Trial / Final Judgment

Legal Issues

  1. 1 Whether the defendant was contributorily negligent in the motor vehicle collision.
  2. 2 Whether the plaintiff's wife was negligent or reckless in her driving.
  3. 3 Whether the plaintiff is entitled to damages for the loss of his vehicle.

Ratio Decidendi

The court found that Mrs. Avenant, the plaintiff's wife, was driving at a grossly excessive speed, at least 102 km/h in a 60 km/h zone, and failed to brake or take reasonable steps to avoid the collision. Her evidence regarding her speed and actions was found to be dishonest, contradictory, and improbable. The defendant, Mrs. Els, was found to be a careful and honest witness who indicated her intention to turn and only commenced her manoeuvre after ensuring the road was clear. The court held that the defendant could not have anticipated the plaintiff's vehicle approaching at such excessive speed and that even if she had seen the vehicle immediately prior to the collision, it would have...

Court Disposition

Plaintiff's claim dismissed with costs.

Orders

  • The plaintiff's claim is dismissed with costs.
  • Plaintiff is liable for wasted costs occasioned by the postponement due to failure to arrange for an interpreter.