Matalen v Ikamva Signs CC and Another (22343/2010) [2020] ZAWCHC 165 (20 November 2020)

Matalen v Ikamva Signs CC and Another (22343/2010) [2020] ZAWCHC 165 (20 November 2020)

The plaintiff failed to establish any evidence that the second defendant installed the signage or was responsible for its maintenance. The documentary evidence relied upon was ambiguous and did not prove installation by the second defendant. The plaintiff did not discharge the onus of proving wrongfulness, negligence, or causation. The doctrine of res ipsa loquitur was not applicable as the probable wrongdoer was not identified and the facts did not create a high probability of negligence on the part of the second defendant. Accordingly, there was insufficient evidence upon which a reasonable court could find for the plaintiff against the second defendant, warranting absolution from the...

Citation
[2020] ZAWCHC 165
Parties
Plaintiff: Dorothy Matalen; Defendant: Ikamva Signs CC; Defendant: S & G Signs (Pty) Ltd
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
20 November 2020
Case Number
22343/2010
Procedural Posture
Delict Trial / Merits Separated; Judgment on Merits Only
Outcome
Absolution from the instance granted in favour of the second defendant; costs awarded against the plaintiff.
Judges
E D Wille
Legal Topics
Negligent Omission, Wrongfulness, Causation, Res Ipsa Loquitur, Absolution From the Instance
Delict Negligent Omission Wrongfulness Causation Res Ipsa Loquitur Absolution From the Instance

Case Brief

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Parties

Dorothy Matalen

Plaintiff

Ikamva Signs CC

Defendant

S & G Signs (Pty) Ltd

Defendant

Procedural Posture

Delict Trial / Merits Separated; Judgment on Merits Only

Legal Issues

  1. 1 Whether the second defendant owed a legal duty to the plaintiff regarding the installation of the signage.
  2. 2 Whether the second defendant was negligent or wrongful in its conduct or omission.
  3. 3 Whether the plaintiff established factual and legal causation linking the second defendant to her injuries.

Ratio Decidendi

The plaintiff failed to establish any evidence that the second defendant installed the signage or was responsible for its maintenance. The documentary evidence relied upon was ambiguous and did not prove installation by the second defendant. The plaintiff did not discharge the onus of proving wrongfulness, negligence, or causation. The doctrine of res ipsa loquitur was not applicable as the probable wrongdoer was not identified and the facts did not create a high probability of negligence on the part of the second defendant. Accordingly, there was insufficient evidence upon which a reasonable court could find for the plaintiff against the second defendant, warranting absolution from the...

Court Disposition

Absolution from the instance granted in favour of the second defendant; costs awarded against the plaintiff.

Orders

  • The application for absolution from the instance by the second defendant is granted.
  • The plaintiff is ordered to pay the costs of and incidental to this action, on the scale as between party and party, as taxed or agreed.