Redhouse v Walker (17795/03) [2005] ZAGPHC 4 (1 January 2005)

Redhouse v Walker (17795/03) [2005] ZAGPHC 4 (1 January 2005)

The court found the plaintiff to be a credible and reliable witness, while the defendant's witnesses were contradictory and unreliable. The evidence established that Maverick, the horse, suddenly and unexpectedly bolted due to its nervous disposition and history of being beaten, not as a result of any provocation or fault by the plaintiff. The court held that Maverick acted contra naturam sui generis, and the defendant, as owner, is liable under actio de pauperie for any damages the plaintiff may prove. The defendant failed to discharge the onus of proving that the plaintiff provoked the horse or was at fault. The issue of quantum was postponed sine die.

Citation
[2005] ZAGPHC 4
Parties
Plaintiff: Sandra Redhouse; Defendant: Howard Walker
Court
High Courts - Gauteng
Jurisdiction
South Africa
Judgment Date
1 January 2005
Case Number
17795/03
Procedural Posture
Civil Trial / Merits Separated From Quantum; Judgment on Liability Only
Outcome
Defendant is declared liable for any damages the plaintiff may prove pertaining to the horse riding accident of 6 January 2001. Costs awarded to plaintiff. Quantum postponed sine die.
Judges
Bosielo
Legal Topics
Actio De Pauperie, Liability of Animal Owner, Contra Naturam Sui Generis, Provocation of Animal, Onus of Proof
Delict Actio De Pauperie Liability of Animal Owner Contra Naturam Sui Generis Provocation of Animal Onus of Proof

Case Brief

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Parties

Sandra Redhouse

Plaintiff

Howard Walker

Defendant

Procedural Posture

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

Legal Issues

  1. 1 Whether the defendant, as owner of the horse Maverick, is liable for damages sustained by the plaintiff during the outride under actio de pauperie.
  2. 2 Whether Maverick acted contra naturam sui generis or was provoked by the plaintiff.
  3. 3 Whether the plaintiff contributed to the incident by her conduct or failed to follow instructions.

Ratio Decidendi

The court found the plaintiff to be a credible and reliable witness, while the defendant's witnesses were contradictory and unreliable. The evidence established that Maverick, the horse, suddenly and unexpectedly bolted due to its nervous disposition and history of being beaten, not as a result of any provocation or fault by the plaintiff. The court held that Maverick acted contra naturam sui generis, and the defendant, as owner, is liable under actio de pauperie for any damages the plaintiff may prove. The defendant failed to discharge the onus of proving that the plaintiff provoked the horse or was at fault. The issue of quantum was postponed sine die.

Court Disposition

Defendant is declared liable for any damages the plaintiff may prove pertaining to the horse riding accident of 6 January 2001. Costs awarded to plaintiff. Quantum postponed sine die.

Orders

  • It is declared that the defendant is liable for any damages which the plaintiff might prove pertaining to the horse riding accident which occurred on 6 January 2001.
  • The defendant is ordered to pay the costs of the action to date.