The claimant taken legal action against 2 farmers for damages sustained following a crash with the offenders’ & rsquo; calf on the N8. The claimant continual injuries when he swerved to the delegated prevent the calf on the roadway. The offenders were discovered responsible for the damages sustained by the complaintant as an outcome of the accident for their failure to effectively preserve the fence of the kraal to avoid the calf from getting away.
The complaintant declared that the offenders breached their legal responsibility to take sensible actions to avoid their livestock from going into the general public roadway, in order to avoid such mishaps from happening.
The offenders supposedly stopped working to put up and preserve correct cattle-proof fences to avoid the livestock from getting away the farm onto the general public roadways and stopped working to utilize adequate personnel as ranchers and to develop an appropriate system for fence maintenance. Specialist proof was led by the complaintant to show the worn out condition of the fencing and the how simple it was for the weaning calves to get away.
The court repeated that the complaintant should show on a balance of possibilities that the offenders were irresponsible, which it should be developed through reputable and appropriate proof that the claimant suffered damages as an outcome of the offenders’ & rsquo; conduct.
L K Armstrong Ralikonyana v L De Villiers & & Meriba Boerdery [2024] ZAFSHC 3 (2 January 2024)
This blog site was co-authored by Queren Lombe, Prospect Lawyer.