Viviers v Jentile (57590/2007) [2010] ZAGPPHC 239 (10 December 2010)

Viviers v Jentile (57590/2007) [2010] ZAGPPHC 239 (10 December 2010)

The court found that the plaintiff was insulted and assaulted by the defendant during a workplace incident, suffering humiliation and minor physical injuries. The insults included offensive language and threats, uttered in the presence of co-workers, aggravating the iniuria. The medical evidence indicated that the physical injuries and post traumatic stress disorder were not serious or of long duration. The court held that, although the insult and assault were not repeated and the assault was not serious, the plaintiff was entitled to substantial damages. Given that both delicts occurred in the same incident, a globular award was appropriate. The court awarded the plaintiff R50,000 in...

Citation
[2010] ZAGPPHC 239
Parties
Plaintiff: Catharina Maria Viviers; Defendant: Nomtshakazi Celean Jentile
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
10 December 2010
Case Number
57590/2007
Procedural Posture
Default Judgment / Application for Default Judgment on Damages Claim
Outcome
Default judgment granted in favour of the plaintiff for damages and costs.
Judges
B.R. Southwood
Legal Topics
Iniuria, Assault, Quantum of Damages, Actio Injuriarum, General Damages
Delict Iniuria Assault Quantum of Damages Actio Injuriarum General Damages

Case Brief

Summary, issues, holding and outcome

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Parties

Catharina Maria Viviers

Plaintiff

Nomtshakazi Celean Jentile

Defendant

Procedural Posture

Default Judgment / Application for Default Judgment on Damages Claim

Legal Issues

  1. 1 Whether the plaintiff is entitled to damages for iniuria and assault arising from the incident on 5 July 2007.
  2. 2 What is the appropriate quantum of damages for the insult and assault committed by the defendant.
  3. 3 Whether the circumstances justify a globular award for both iniuria and assault.

Ratio Decidendi

The court found that the plaintiff was insulted and assaulted by the defendant during a workplace incident, suffering humiliation and minor physical injuries. The insults included offensive language and threats, uttered in the presence of co-workers, aggravating the iniuria. The medical evidence indicated that the physical injuries and post traumatic stress disorder were not serious or of long duration. The court held that, although the insult and assault were not repeated and the assault was not serious, the plaintiff was entitled to substantial damages. Given that both delicts occurred in the same incident, a globular award was appropriate. The court awarded the plaintiff R50,000 in...

Court Disposition

Default judgment granted in favour of the plaintiff for damages and costs.

Orders

  • The defendant is ordered to pay the plaintiff the sum of R50,000.
  • The defendant is ordered to pay the plaintiff's costs of suit.