Leine N.O. v National Employers' General Insurance Company Ltd. (189/91) [1993] ZASCA 1 (8 January 1993)

Leine N.O. v National Employers' General Insurance Company Ltd. (189/91) [1993] ZASCA 1 (8 January 1993)

The Supreme Court of Appeal found that the evidence of Vorster and Moloki was clear and reliable, establishing that Bernard was struck while on the eastern sidewalk. Liso's evidence was vague, uncertain, and at times inconsistent, and did not contradict the eyewitnesses' accounts. The court held that there was no factual basis for the suggestion that Bernard moved into the roadway prior to the collision. The fact that Bernard landed well to the east of the sidewalk after the collision further supported the conclusion that the impact occurred on the sidewalk. The court concluded that Liso was negligent in failing to keep his vehicle under proper control, and that such negligence was the...

Citation
[1993] ZASCA 1
Parties
Appellant: Patricia Makgosi Leine and Johan Schoon NNO, in their capacity as curatores bonis for Bernard Leine; Respondent: National Employers' General Insurance Company Limited
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
8 January 1993
Case Number
189/91
Procedural Posture
Civil Appeal / Appeal From Full Bench of Northern Cape Division
Outcome
Appeal allowed with costs; order of the Court a quo set aside and replaced with dismissal of the respondent's appeal with costs.
Judges
Hefer, Vivier, Van den Heever, Nicholas, Harms
Legal Topics
Negligence, Compulsory Motor Vehicle Insurance Act, Liability for Motor Vehicle Accident
Delict Civil Procedure Negligence Compulsory Motor Vehicle Insurance Act Liability for Motor Vehicle Accident

Case Brief

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Parties

Patricia Makgosi Leine and Johan Schoon NNO, in their capacity as curatores bonis for Bernard Leine

Appellant

National Employers' General Insurance Company Limited

Respondent

Procedural Posture

Civil Appeal / Appeal From Full Bench of Northern Cape Division

Legal Issues

  1. 1 Whether the collision occurred on the sidewalk or the roadway.
  2. 2 Whether the driver, Liso, was negligent in causing the collision.
  3. 3 Whether the respondent insurer is liable for compensation under the Compulsory Motor Vehicle Insurance Act.

Ratio Decidendi

The Supreme Court of Appeal found that the evidence of Vorster and Moloki was clear and reliable, establishing that Bernard was struck while on the eastern sidewalk. Liso's evidence was vague, uncertain, and at times inconsistent, and did not contradict the eyewitnesses' accounts. The court held that there was no factual basis for the suggestion that Bernard moved into the roadway prior to the collision. The fact that Bernard landed well to the east of the sidewalk after the collision further supported the conclusion that the impact occurred on the sidewalk. The court concluded that Liso was negligent in failing to keep his vehicle under proper control, and that such negligence was the...

Court Disposition

Appeal allowed with costs; order of the Court a quo set aside and replaced with dismissal of the respondent's appeal with costs.

Orders

  • The substitution of Patricia Makgosi Leine and Johan Schoon NNO as plaintiffs in their capacity as curatores bonis for Bernard Leine is ordered.
  • The appeal is allowed with costs, including costs of the application for leave to appeal.