Snyman v Premier van die Noordwes Provinsie (614/05) [2009] ZANWHC 20 (3 September 2009)

Snyman v Premier van die Noordwes Provinsie (614/05) [2009] ZANWHC 20 (3 September 2009)

The court found that the applicant failed to establish reasonable prospects of success on appeal. The evidence did not prove that a pothole caused the collision; neither the applicant nor his witnesses could provide direct evidence linking the pothole to the accident. The trial court's assessment of the evidence and witness credibility was not shown to be erroneous. The applicant did not discharge the onus of proof required to establish liability or contributory negligence on the part of the respondent. Accordingly, there was no basis for granting leave to appeal, as no other court would reasonably reach a different conclusion on the facts.

Citation
[2009] ZANWHC 20
Parties
Applicant: Stefanus Johannes Schoeman Snyman; Respondent: Die Premier van die Noordwes Provinsie
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
3 September 2009
Case Number
614/05
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment Delivered on 2 April 2009
Outcome
Application for leave to appeal dismissed with costs.
Judges
R D Hendricks
Legal Topics
Leave to Appeal, Onus of Proof, Contributory Negligence, Assessment of Evidence, Road Accident Liability
Civil Procedure Delict Leave to Appeal Onus of Proof Contributory Negligence Assessment of Evidence Road Accident Liability

Case Brief

Summary, issues, holding and outcome

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Parties

Stefanus Johannes Schoeman Snyman

Applicant

Die Premier van die Noordwes Provinsie

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment Delivered on 2 April 2009

Legal Issues

  1. 1 Whether the applicant has demonstrated reasonable prospects of success on appeal.
  2. 2 Whether the evidence established that a pothole caused the collision.
  3. 3 Whether the trial court erred in its assessment of witness credibility and the photographic evidence.

Ratio Decidendi

The court found that the applicant failed to establish reasonable prospects of success on appeal. The evidence did not prove that a pothole caused the collision; neither the applicant nor his witnesses could provide direct evidence linking the pothole to the accident. The trial court's assessment of the evidence and witness credibility was not shown to be erroneous. The applicant did not discharge the onus of proof required to establish liability or contributory negligence on the part of the respondent. Accordingly, there was no basis for granting leave to appeal, as no other court would reasonably reach a different conclusion on the facts.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal to either the Full Bench of this division or the Supreme Court of Appeal is dismissed.
  • The applicant is ordered to pay the costs of this application.