Prime Invest 253 (Pty) Ltd and Others v 114-11th Road Kew (Pty) Ltd and Others (57426/2009) [2011] ZAGPPHC 139 (27 July 2011)

Parties

Procedural Posture

Civil Trial / Merits Trial; Quantum Separated and Postponed Sine Die

Legal Issues

1. 1 Whether the fire was caused by the unlawful and negligent conduct of one or more defendants or their employees.
2. 2 Whether the defendants failed to comply with statutory fire safety requirements and local by-laws.
3. 3 Whether the defendants, as landowner, occupier, and person in charge, owed a duty of care to prevent harm to neighbouring property.

Ratio Decidendi

The court found that the plaintiffs proved on a balance of probabilities that the fire was caused by the causal negligence of at least the first, second, and third defendants. The defendants failed to rebut the inference of negligence arising from the circumstances, particularly the unsafe handling and storage of flammable materials, non-compliance with statutory fire safety requirements, and lack of reasonable precautions. The evidence of expert witnesses was accepted, and the points in limine raised by the defendants were dismissed as without merit. The defendants, as landowner, occupier, and person in charge, should have foreseen the risk and taken steps to prevent harm to neighbouring...

Court Disposition

Defendants held jointly and severally liable for plaintiffs' proven or agreed damages resulting from the fire.

Orders

• First defendant, alternatively second defendant, alternatively third defendant, alternatively all three defendants jointly and severally are liable for the plaintiffs' proven or agreed damages resultant from the fire which occurred on 8 October 2006 at 112 - 11th Road, Kew.
• First defendant, second defendant and third defendant, alternatively the three defendants jointly and severally are liable to pay plaintiffs' agreed or taxed costs of the merits part of the action.