Mahloko v Multilaterale Motorvoertuig Ongelukkefonds (A203/03) [2004] ZAFSHC 138 (30 August 2004)

Mahloko v Multilaterale Motorvoertuig Ongelukkefonds (A203/03) [2004] ZAFSHC 138 (30 August 2004)

The court found that the appellant failed to prove, on a balance of probabilities, that the deceased was visible or that the driver could have avoided the collision by exercising reasonable care. The evidence did not establish the position or conduct of the deceased immediately prior to the collision, and the possibility that the deceased entered the road unexpectedly could not be excluded. The damage to the vehicle suggested that the deceased was struck on the side, supporting the inference that he entered the road suddenly. The court also held that the driver's conduct after being partially blinded by the oncoming vehicle's lights was reasonable and that there was no evidence that...

Citation
[2004] ZAFSHC 138
Parties
Appellant: Sello Emily Mahloko; Respondent: Multilaterale Motorvoertuig Ongelukkefonds
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
30 August 2004
Case Number
A203/03
Procedural Posture
Civil Appeal / Appeal From Magistrate's Court Judgment
Outcome
Appeal dismissed with costs.
Judges
C.H.G. Van der Merwe, J.P. Malherbe, D.J. Lombard
Legal Topics
Negligence, Causation, Condonation of Late Appeal
Delict Civil Procedure Negligence Causation Condonation of Late Appeal

Case Brief

Summary, issues, holding and outcome

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Parties

Sello Emily Mahloko

Appellant

Multilaterale Motorvoertuig Ongelukkefonds

Respondent

Procedural Posture

Civil Appeal / Appeal From Magistrate's Court Judgment

Legal Issues

  1. 1 Whether the driver was negligent in causing the death of the deceased.
  2. 2 Whether the appellant proved that the deceased was visible and that the collision could have been avoided with reasonable care.
  3. 3 Whether the appellant's late filing of the appeal should be condoned.

Ratio Decidendi

The court found that the appellant failed to prove, on a balance of probabilities, that the deceased was visible or that the driver could have avoided the collision by exercising reasonable care. The evidence did not establish the position or conduct of the deceased immediately prior to the collision, and the possibility that the deceased entered the road unexpectedly could not be excluded. The damage to the vehicle suggested that the deceased was struck on the side, supporting the inference that he entered the road suddenly. The court also held that the driver's conduct after being partially blinded by the oncoming vehicle's lights was reasonable and that there was no evidence that...

Court Disposition

Appeal dismissed with costs.

Orders

  • The application for condonation is granted.
  • The appeal is dismissed with costs.