Meyer and Another v Premier of North West Province and Another (729/10, 732/10) [2015] ZANWHC 21 (2 July 2015)

Meyer and Another v Premier of North West Province and Another (729/10, 732/10) [2015] ZANWHC 21 (2 July 2015)

The court found that none of the plaintiffs or their witnesses could testify to the actual cause of the accident, and all evidence regarding the pothole was speculative. The second plaintiff, as driver, failed to keep a proper lookout and was driving at an excessive speed, which was conceded by his own counsel. Contradictions in witness testimony regarding the location of the pothole further undermined the plaintiffs' case. The court held that there was no prima facie evidence that the pothole caused the accident, nor that the defendants were negligent in a manner that caused the plaintiffs' injuries. The facts pointed to negligence on the part of the second plaintiff rather than the...

Citation
[2015] ZANWHC 21
Parties
Plaintiff: Chantell Melinda Meyer; Plaintiff: David Zacharias Van As; Defendant: Premier of North West Province; Defendant: MEC for Public Works, Roads & Transport
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
2 July 2015
Case Number
729/10, 732/10
Procedural Posture
Civil Trial / Merits Separated From Quantum; Judgment on Merits Only; Application for Absolution From the Instance After Plaintiffs' Case
Outcome
Application for absolution from the instance granted with costs against the plaintiffs, jointly and severally.
Judges
Kgoele
Legal Topics
Negligence, Absolution From the Instance, Road Maintenance Liability, Contributory Negligence
Delict Civil Procedure Land and Property Negligence Absolution From the Instance Road Maintenance Liability Contributory Negligence

Case Brief

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Parties

Chantell Melinda Meyer

Plaintiff

David Zacharias Van As

Plaintiff

Premier of North West Province

Defendant

MEC for Public Works, Roads & Transport

Defendant

Procedural Posture

Civil Trial / Merits Separated From Quantum; Judgment on Merits Only; Application for Absolution From the Instance After Plaintiffs' Case

Legal Issues

  1. 1 Whether the accident was caused by a pothole on Bethanie road for which the defendants are liable.
  2. 2 Whether the plaintiffs proved on a prima facie basis that the defendants' negligence caused their injuries.
  3. 3 Whether the plaintiffs' own conduct contributed to the accident.

Ratio Decidendi

The court found that none of the plaintiffs or their witnesses could testify to the actual cause of the accident, and all evidence regarding the pothole was speculative. The second plaintiff, as driver, failed to keep a proper lookout and was driving at an excessive speed, which was conceded by his own counsel. Contradictions in witness testimony regarding the location of the pothole further undermined the plaintiffs' case. The court held that there was no prima facie evidence that the pothole caused the accident, nor that the defendants were negligent in a manner that caused the plaintiffs' injuries. The facts pointed to negligence on the part of the second plaintiff rather than the...

Court Disposition

Application for absolution from the instance granted with costs against the plaintiffs, jointly and severally.

Orders

  • The application for absolution from the instance by the defendants is granted.
  • Costs are awarded against the first and second plaintiffs jointly and severally, the one paying the other to be absolved.