Uithaler v Uitenhage Passenger Transpost Ltd. (468/81) [1984] ZASCA 15 (19 March 1984)

Uithaler v Uitenhage Passenger Transpost Ltd. (468/81) [1984] ZASCA 15 (19 March 1984)

The court found that the applicant failed to show any prospects of success on appeal. The trial court's findings of fact and credibility were not to be disturbed, as it accepted the evidence of the bus driver and Lt. Annandale, and rejected the evidence that the route was known to be dangerous or that the driver should have foreseen stone throwing. The applicant did not prove that the driver was negligent, as there was no evidence that he knew or ought to have known of the risk. Consequently, the court refused to condone the late lodging of the petition for leave to appeal in forma pauperis and dismissed the application with costs.

Citation
[1984] ZASCA 15
Parties
Applicant: Lorraine Uithaler (born Bonaparte); Respondent: Uitenhage Passenger Transport Limited
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
19 March 1984
Case Number
468/81
Procedural Posture
Leave to Appeal / Petition for Condonation and Leave to Prosecute Appeal in Forma Pauperis
Outcome
Application dismissed with costs.
Judges
KOTZé, GALGUT, SMUTS
Legal Topics
Condonation, In Forma Pauperis, Negligence, Standard of Care
Civil Procedure Condonation In Forma Pauperis Negligence Standard of Care

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 4 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Lorraine Uithaler (born Bonaparte)

Applicant

Uitenhage Passenger Transport Limited

Respondent

Procedural Posture

Leave to Appeal / Petition for Condonation and Leave to Prosecute Appeal in Forma Pauperis

Legal Issues

  1. 1 Whether condonation should be granted for the late lodging of the petition for leave to prosecute the appeal in forma pauperis.
  2. 2 Whether the applicant has prospects of success on appeal regarding the alleged negligence of the bus driver.
  3. 3 Whether the applicant's delay in prosecuting the appeal should be excused.

Ratio Decidendi

The court found that the applicant failed to show any prospects of success on appeal. The trial court's findings of fact and credibility were not to be disturbed, as it accepted the evidence of the bus driver and Lt. Annandale, and rejected the evidence that the route was known to be dangerous or that the driver should have foreseen stone throwing. The applicant did not prove that the driver was negligent, as there was no evidence that he knew or ought to have known of the risk. Consequently, the court refused to condone the late lodging of the petition for leave to appeal in forma pauperis and dismissed the application with costs.

Court Disposition

Application dismissed with costs.

Orders

  • The application for condonation and leave to prosecute the appeal in forma pauperis is dismissed with costs.