Ketcher v Jordaan (12314/19) [2021] ZAGPPHC 693 (21 October 2021)

Ketcher v Jordaan (12314/19) [2021] ZAGPPHC 693 (21 October 2021)

The court found that the defendant's version, as put to the witnesses, amounted to an admission of pushing the plaintiff. The probabilities, supported by objective evidence such as the defendant's resignation and the amendment to the Club's Constitution, indicated that the push was violent and intentional. The plaintiff's evidence, though inconsistent in parts, was corroborated by Mr. Plant, whom the court found to be an honest and reliable witness. The defendant failed to testify or provide justification for the assault, and the court drew an adverse inference from this omission. On a balance of probabilities, the plaintiff proved that he was violently pushed by the defendant, who acted...

Citation
[2021] ZAGPPHC 693
Parties
Plaintiff: Ketcher A E; Defendant: Jordaan J
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
21 October 2021
Case Number
12314/19
Procedural Posture
Delict Action / Liability Only Trial
Outcome
Defendant found liable for 100 percent of plaintiff's proven damages; costs awarded to plaintiff.
Judges
P.J. Mogotsi
Legal Topics
Unlawful Assault, Animus Injuriandi, Onus of Proof, Credibility of Witnesses, Objective Evidence, Costs Follow Results
Delict Unlawful Assault Animus Injuriandi Onus of Proof Credibility of Witnesses Objective Evidence Costs Follow Results

Case Brief

Summary, issues, holding and outcome

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Parties

Ketcher A E

Plaintiff

Jordaan J

Defendant

Procedural Posture

Delict Action / Liability Only Trial

Legal Issues

  1. 1 Whether the defendant unlawfully assaulted the plaintiff causing injury.
  2. 2 Whether the defendant had the necessary intent (animus injuriandi) to injure the plaintiff.
  3. 3 Whether the plaintiff's evidence is credible and reliable on a balance of probabilities.

Ratio Decidendi

The court found that the defendant's version, as put to the witnesses, amounted to an admission of pushing the plaintiff. The probabilities, supported by objective evidence such as the defendant's resignation and the amendment to the Club's Constitution, indicated that the push was violent and intentional. The plaintiff's evidence, though inconsistent in parts, was corroborated by Mr. Plant, whom the court found to be an honest and reliable witness. The defendant failed to testify or provide justification for the assault, and the court drew an adverse inference from this omission. On a balance of probabilities, the plaintiff proved that he was violently pushed by the defendant, who acted...

Court Disposition

Defendant found liable for 100 percent of plaintiff's proven damages; costs awarded to plaintiff.

Orders

  • The defendant is liable for 100 percent of the plaintiff's proven damages.
  • The defendant is to pay costs relating to the liability aspect of the plaintiff's claim, including the costs of the trial from 11-13 October 2021.