Manuel v Loubser and Others (10013/08) [2012] ZAWCHC 65 (20 March 2012)

Manuel v Loubser and Others (10013/08) [2012] ZAWCHC 65 (20 March 2012)

The court found, on the balance of probabilities, that the bull which caused the collision belonged to the second defendant and was under the control of the third defendant. The evidence established that the gate was negligently left open, allowing the bull to escape onto the public road. The procedures for securing gates on the farm were inadequate, with not every gate having its own lock and bale rope being used as an alternative, increasing the margin for error. There was no fence restricting cattle movement to the gate, and credible evidence showed that gates were sometimes left open. The court rejected the third defendant's contradictory and unreliable evidence regarding ownership,...

Citation
[2012] ZAWCHC 65
Parties
Plaintiff: Stanley Laurence Manuel; Defendant: Pieter Eduard Loubser; Defendant: PE Loubser Boerdery (Pty) Ltd; Defendant: Jacob Eliza De Villiers Loubser; Defendant: Mosselbank Plase (Pty) Ltd; Defendant: Melt Jacobus Loubser
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
20 March 2012
Case Number
10013/08
Procedural Posture
Civil Trial / Judgment After Trial
Outcome
Second defendant held causally liable for damages sustained by the plaintiff; absolution from the instance granted for first, third, fourth, and fifth defendants; costs awarded as specified.
Judges
Meer
Legal Topics
Negligence, Liability for Animals, Duty of Care, Public Road Safety
Delict Land and Property Negligence Liability for Animals Duty of Care Public Road Safety

Case Brief

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Parties

Stanley Laurence Manuel

Plaintiff

Pieter Eduard Loubser

Defendant

PE Loubser Boerdery (Pty) Ltd

Defendant

Jacob Eliza De Villiers Loubser

Defendant

Mosselbank Plase (Pty) Ltd

Defendant

Melt Jacobus Loubser

Defendant

Procedural Posture

Civil Trial / Judgment After Trial

Legal Issues

  1. 1 Whether the defendants owed a duty of care to prevent cattle from straying onto the public road.
  2. 2 Whether the defendants were negligent in allowing the bull to escape onto the Klipheuwel Road.
  3. 3 Whether the bull that caused the collision belonged to the second defendant and was under the control of the third defendant.

Ratio Decidendi

The court found, on the balance of probabilities, that the bull which caused the collision belonged to the second defendant and was under the control of the third defendant. The evidence established that the gate was negligently left open, allowing the bull to escape onto the public road. The procedures for securing gates on the farm were inadequate, with not every gate having its own lock and bale rope being used as an alternative, increasing the margin for error. There was no fence restricting cattle movement to the gate, and credible evidence showed that gates were sometimes left open. The court rejected the third defendant's contradictory and unreliable evidence regarding ownership,...

Court Disposition

Second defendant held causally liable for damages sustained by the plaintiff; absolution from the instance granted for first, third, fourth, and fifth defendants; costs awarded as specified.

Orders

  • The Second Defendant is causally liable for any damages sustained by the plaintiff as a consequence of the collision between the motorcycle driven by the Plaintiff and a bull on 4 July 2005.
  • Absolution from the instance is granted against the First, Third, Fourth and Fifth Defendants.