Ndlovu v Nozuko Nxusani Incorporated (5803/2017) [2019] ZAGPJHC 480 (15 November 2019)

Ndlovu v Nozuko Nxusani Incorporated (5803/2017) [2019] ZAGPJHC 480 (15 November 2019)

The court found that the referral of the plaintiff to three experts was unreasonable and unnecessary, as there was no supporting evidence of a head injury in the hospital records or collateral information from the employer or treating doctor. The expert reports were not based on correct facts and lacked proper reasoning, failing to meet the requirements for admissible expert opinion. Consequently, the fees for the three experts were disallowed, as their reports would not have assisted the court even if the witnesses were called to testify.

Citation
[2019] ZAGPJHC 480
Parties
Plaintiff: Ndlovu Miquessewe Isaias; Defendant: Nozuko Nxusani Incorporated
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
15 November 2019
Case Number
5803/2017
Procedural Posture
Civil Trial / Quantification of Damages and Costs
Outcome
The fees of the three experts engaged by the plaintiff are disallowed. The draft order annexed as 'X' is made an order of court.
Judges
Twala M L
Legal Topics
Professional Negligence, Expert Evidence, Costs of Experts
Civil Procedure Delict Professional Negligence Expert Evidence Costs of Experts

Case Brief

Summary, issues, holding and outcome

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Parties

Ndlovu Miquessewe Isaias

Plaintiff

Nozuko Nxusani Incorporated

Defendant

Procedural Posture

Civil Trial / Quantification of Damages and Costs

Legal Issues

  1. 1 Whether the engagement of three expert witnesses by the plaintiff was necessary and reasonable in the circumstances.
  2. 2 Whether the expert reports submitted by the plaintiff constitute admissible expert opinion based on proper reasoning and correct facts.
  3. 3 Whether the fees of the three experts should be allowed as part of the plaintiff's proven damages.

Ratio Decidendi

The court found that the referral of the plaintiff to three experts was unreasonable and unnecessary, as there was no supporting evidence of a head injury in the hospital records or collateral information from the employer or treating doctor. The expert reports were not based on correct facts and lacked proper reasoning, failing to meet the requirements for admissible expert opinion. Consequently, the fees for the three experts were disallowed, as their reports would not have assisted the court even if the witnesses were called to testify.

Court Disposition

The fees of the three experts engaged by the plaintiff are disallowed. The draft order annexed as 'X' is made an order of court.

Orders

  • The draft order annexed hereto marked 'X' is made an order of Court.
  • All fees of the three experts (Prof Leggwara, Dr Mokabane, Ms Lindiwe Maseko) are disallowed.