SJL Marais and Others v Transnet SOC Ltd (3517/2015)
SJL Marais and Others v Transnet SOC Ltd (3517/2015) [2023] ZAFSHC 469 (24 November 2023)
The court found that the plaintiffs established, on a balance of probabilities, that the fire originated from overheated material fragments or sparks deposited by Transnet's train, specifically engine number 8910. The defendant failed to produce critical maintenance and inspection records, and its witnesses either lacked recollection or relied on hearsay and undiscovered documents. The absence of original records and the inability to cross-examine on documentary evidence rendered the defendant's case weak and unreliable. The plaintiffs' evidence, including eyewitness testimony, expert reports…
Source excerpt
- Negligence
- Causation
- Veld Fire Liability
- Admissibility Of Hearsay
- Duty Of Care
- Missing Documentary Evidence