Myathaza v Sportcene Mthatha (5545/2022) [2024] ZAECMHC 53 (20 June 2024)

Myathaza v Sportcene Mthatha (5545/2022) [2024] ZAECMHC 53 (20 June 2024)

The court found the plaintiff to be a credible and reliable witness whose version was supported by the probabilities and corroborated by her witness. The evidence established that the mat at the entrance was wet from rainwater tracked in by customers, making it slippery and causing the plaintiff to fall and injure her ankle. The defendant's witness did not convincingly rebut the plaintiff's version, and her own testimony confirmed aspects of the plaintiff's account. The court held that the plaintiff discharged the onus of proof on a balance of probabilities, and the defendant is 100% liable for the damages suffered by the plaintiff as a result of the incident.

Citation
[2024] ZAECMHC 53
Parties
Plaintiff: Nondumiso Myathaza; Defendant: Sportcene Mthatha
Court
Eastern Cape High Court, Mthatha
Jurisdiction
South Africa
Judgment Date
20 June 2024
Case Number
5545/2022
Procedural Posture
Civil Liability / Liability Separated From Quantum; Trial on Liability Only
Outcome
Defendant held 100% liable for damages suffered by the plaintiff due to injuries sustained on 3 December 2019.
Judges
DV Pitt
Legal Topics
Slip and Fall, Negligence, Mutually Destructive Versions, Onus of Proof
Delict Civil Procedure Slip and Fall Negligence Mutually Destructive Versions Onus of Proof

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Nondumiso Myathaza

Plaintiff

Sportcene Mthatha

Defendant

Procedural Posture

Civil Liability / Liability Separated From Quantum; Trial on Liability Only

Legal Issues

  1. 1 Whether Sportcene Mthatha is liable for damages suffered by the plaintiff due to injuries sustained from a slip and fall at the entrance of its premises.
  2. 2 Whether the plaintiff slipped on a wet mat inside the premises or tripped outside and fell into the entrance.
  3. 3 Whether the defendant discharged its onus to rebut the plaintiff's version on a balance of probabilities.

Ratio Decidendi

The court found the plaintiff to be a credible and reliable witness whose version was supported by the probabilities and corroborated by her witness. The evidence established that the mat at the entrance was wet from rainwater tracked in by customers, making it slippery and causing the plaintiff to fall and injure her ankle. The defendant's witness did not convincingly rebut the plaintiff's version, and her own testimony confirmed aspects of the plaintiff's account. The court held that the plaintiff discharged the onus of proof on a balance of probabilities, and the defendant is 100% liable for the damages suffered by the plaintiff as a result of the incident.

Court Disposition

Defendant held 100% liable for damages suffered by the plaintiff due to injuries sustained on 3 December 2019.

Orders

  • The defendant is held 100% liable to the plaintiff for damages suffered as a result of injuries sustained by the plaintiff on 3 December 2019.
  • The defendant shall pay the plaintiff’s costs on High Court scale A.