Mbokane and Another v National Employers' General Insurance Company Ltd. and Another (280/93) [1995] ZASCA 92 (12 September 1995)

Mbokane and Another v National Employers' General Insurance Company Ltd. and Another (280/93) [1995] ZASCA 92 (12 September 1995)

The majority held that the appellants failed to prove, on a balance of probabilities, that the bus driver was negligent in a manner causally related to the tyre blow out. There was no direct evidence of under inflation, and the expert evidence for the appellants was not superior to that of the respondents. The theory that the driver should have detected under inflation was not supported by the evidence, and the maxim res ipsa loquitur did not apply because the cause of the blow out was not unknown and tyre bursts can occur without negligence. The routine tyre inspection was found to be adequate, and no defect was detected that could have been observed on proper inspection. Consequently,...

Citation
[1995] ZASCA 92
Parties
Appellant: Emmah Mbokane; Appellant: David Mnguni; Respondent: National Employers' General Insurance Company Limited; Respondent: PUTCO Limited
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
12 September 1995
Case Number
280/93
Procedural Posture
Civil Appeal / Appeal From Absolution From the Instance in the Trial Court; Liability Only, Quantum Separated
Outcome
Appeal dismissed; condonation applications dismissed; costs orders made against appellants and their Pretoria attorneys.
Judges
Smalberger, Vivier, FH Grosskopf, Howie, Schutz
Legal Topics
Negligence, Motor Vehicle Accident, Onus of Proof, Expert Evidence, Res Ipsa Loquitur
Delict Civil Procedure Negligence Motor Vehicle Accident Onus of Proof Expert Evidence Res Ipsa Loquitur

Case Brief

Summary, issues, holding and outcome

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Parties

Emmah Mbokane

Appellant

David Mnguni

Appellant

National Employers' General Insurance Company Limited

Respondent

PUTCO Limited

Respondent

Procedural Posture

Civil Appeal / Appeal From Absolution From the Instance in the Trial Court; Liability Only, Quantum Separated

Legal Issues

  1. 1 Whether the driver of the bus was negligent in a manner causally related to the tyre blow out and subsequent accident.
  2. 2 Whether the appellants discharged the onus of proving negligence on the part of the driver or Putco employees.
  3. 3 Whether the maxim res ipsa loquitur applies to the facts of the case.

Ratio Decidendi

The majority held that the appellants failed to prove, on a balance of probabilities, that the bus driver was negligent in a manner causally related to the tyre blow out. There was no direct evidence of under inflation, and the expert evidence for the appellants was not superior to that of the respondents. The theory that the driver should have detected under inflation was not supported by the evidence, and the maxim res ipsa loquitur did not apply because the cause of the blow out was not unknown and tyre bursts can occur without negligence. The routine tyre inspection was found to be adequate, and no defect was detected that could have been observed on proper inspection. Consequently,...

Court Disposition

Appeal dismissed; condonation applications dismissed; costs orders made against appellants and their Pretoria attorneys.

Orders

  • The condonation applications are dismissed.
  • The appellants are to pay any wasted costs occasioned by the applications relating to the late filing of their notice of appeal and their powers of attorney, jointly and severally.