Mphosi v Nhlapo (A180/2008) [2009] ZAFSHC 87 (17 September 2009)

Mphosi v Nhlapo (A180/2008) [2009] ZAFSHC 87 (17 September 2009)

The appeal was dismissed because the appellant failed to present all reasonably available and reliable evidence to prove the quantum of damages. The evidence of Mr. Hendriks, who provided the quotation for repairs, was found to be unreliable and even dishonest, as he merely copied another panel beater's quotation and failed to substantiate the costs of parts and repairs. The appellant did not call a witness from Industria Panelkloppers, whose quotation was relied upon, nor did he provide a clear account of payments made. The court held that, in such circumstances, it was correct for the trial court to grant absolution from the instance, as it could not reasonably assess damages on the...

Citation
[2009] ZAFSHC 87
Parties
Appellant: T P Mphosi; Respondent: S Nhlapo
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
17 September 2009
Case Number
A180/2008
Procedural Posture
Civil Appeal / Appeal Against Absolution From the Instance and Application for Condonation
Outcome
Appeal dismissed; application for condonation refused.
Judges
Jordaan, R, Lekale, WND R
Legal Topics
Absolution From the Instance, Quantification of Damages, Condonation Application, Motor Vehicle Collision, Assessment of Evidence
Civil Procedure Delict Absolution From the Instance Quantification of Damages Condonation Application Motor Vehicle Collision Assessment of Evidence

Case Brief

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Parties

T P Mphosi

Appellant

S Nhlapo

Respondent

Procedural Posture

Civil Appeal / Appeal Against Absolution From the Instance and Application for Condonation

Legal Issues

  1. 1 Whether the trial court erred in granting absolution from the instance due to insufficient evidence of damages.
  2. 2 Whether the appellant provided all reasonably available evidence to prove the quantum of damages.
  3. 3 Whether condonation for late prosecution of the appeal should be granted.

Ratio Decidendi

The appeal was dismissed because the appellant failed to present all reasonably available and reliable evidence to prove the quantum of damages. The evidence of Mr. Hendriks, who provided the quotation for repairs, was found to be unreliable and even dishonest, as he merely copied another panel beater's quotation and failed to substantiate the costs of parts and repairs. The appellant did not call a witness from Industria Panelkloppers, whose quotation was relied upon, nor did he provide a clear account of payments made. The court held that, in such circumstances, it was correct for the trial court to grant absolution from the instance, as it could not reasonably assess damages on the...

Court Disposition

Appeal dismissed; application for condonation refused.

Orders

  • The application for condonation is dismissed with costs.
  • The appeal is struck from the roll with costs.