The judgment concerns a delictual claim arising from a fall into an open water channel in Lembede Street, Mohlakeng Township. The court found the defendant liable for 100% of the damages the plaintiff may later prove, but causation and quantum were not decided in this judgment.
This may be relevant to municipal liability and delict matters involving alleged hazards on public roads or pavements.
Evidence from source
This is a delictual action against the defendant in terms of which the plaintiff seeks damages in the amount of R 2 763 681.00.
Supports: Summary sentence 1: the matter is a delictual claim for damages.
the plaintiff fell into the water channel or ditch and suffered a fracture to his right ankle and right leg.
Supports: Summary sentence 1: the claim arises from a fall into an open water channel and injuries.
The defendant is liable for 100% of the damages that the plaintiff may be able to prove in the subsequent trial for the determination of causation and quantum.
Supports: Summary sentence 2: the court found liability but left causation and quantum for later.