Accident leads to legal row

17 May 2021 | Justice

Marc Springer



WINDHOEK

An accident involving a light lorry, a truck and a train has led to a High Court case, where the involved parties are suing each other for damages.

The two plaintiffs are Bulk Mining Explosives and TransNamib, who are suing Cecil Nurse Namibia for N$2.05 million and N$1.06 million respectively.

They argue that Cecil Nurse employee Gideon Iileka, who is cited as a respondent, caused the accident, which occurred on 11 June 2019 on the B1-road between Karibib and Usakos near the railway station at Kranzberg.

As a result, he and/or Cecil Nurse were legally responsible for the fact that a truck belonging to Bulk Explosives and driven by its employee Petta Beukes was forced off the road and crashed through a bridge, falling onto the railway tracks below where a train collided with it.

According to the plaintiffs, the defendants were liable for the damages caused in the process in that Iileka didn‘t keep a proper lookout on the road, failed to apply his brakes at all or on time or was travelling at an excessive speed.

Burst tyre

In their plea, the defendants disputed being liable for the accident and the resulting damages. They argued that Iileka could not have avoided the accident, because a tyre on his lorry had burst, causing him to lose control of the vehicle.

Beukes, on the other hand, could have avoided the collision had he applied his brakes or taken evasive action on time, they said.

Meanwhile, Bulk Mining had neglected to maintain its truck, leading to the tyres being completely worn out, they claimed.

As such, Beukes and/or Bulk Mining was legally responsible for the accident and liable to pay Cecil Nurse the market value of its irreparably damaged lorry, to the tune of N$170 000, the defendants said.

The matter was referred to mediation by judge Orben Sibeya. Suené du Plooy is acting for the plaintiffs, while Francois Erasmus is representing the defendants.

Similar News

 

Katjavivi rapped over knuckles for LPM disciplinary delay

1 day - 22 July 2021 | Justice

MATHIAS HAUFIKU WINDHOEKJudges hearing the appeal in the matter between National Assembly Speaker Peter Katjavivi and suspended Landless People’s Movement (LPM) leaders...

Delayed justice lawsuit delayed again

1 day - 22 July 2021 | Justice

JANA-MARI SMITH WINDHOEKA former taxi driver’s legal battle to be awarded millions in damages...

Youth leader’s arrest splits SPYL

3 days ago - 20 July 2021 | Justice

MATHIAS HAUFIKU WINDHOEKThe leadership of the Swapo Party Youth League (SPYL) is divided on whether to keep bribe-accused Sylas Mungoba on as...

Herunga in the running for Ombudsman

3 days ago - 20 July 2021 | Justice

OGONE TLHAGE WINDHOEKThe Judicial Service Commission (JSC) yesterday announced the shortlist for the Ombudsman position.Fishcor’s acting CEO Ruth Herunga, secretary to the...

Boulter granted N$500k bail

1 week ago - 16 July 2021 | Justice

ELLANIE SMIT WINDHOEKBritish billionaire Harvey Boulter was granted N$500 000 bail yesterday in the...

Alleged girlfriend-killer injured in custody

2 weeks ago - 09 July 2021 | Justice

TUYEIMO HAIDULA OSHAKATI The lawyer of Edward Haiyambo has condemned what he termed police brutality to his client during a cell...

No reason to keep Boulter in jail – Namandje

2 weeks ago - 09 July 2021 | Justice

MARC SPRINGER WINDHOEKBritish billionaire and murder-accused Harvey Boulter will learn next Thursday whether his appeal against an earlier refusal of his bail...

Kora one of worst abuse of public resources –...

2 weeks ago - 06 July 2021 | Justice

ELLANIE SMIT WINDHOEKThe Kora All Africa Music Awards court case concerns one of the most far-reaching abuses of a Namibian public entity...

//Karas election remains valid

2 weeks ago - 06 July 2021 | Justice

MARC SPRINGERWINDHOEKChief Magistrate Philanda Christiaan has failed in her bid to have the election of the //Karas Regional Council's management committee and the region's National...

Boulter appeals bail refusal

2 weeks ago - 05 July 2021 | Justice

ELLANIE SMITWINDHOEKBritish billionaire Harvey Boulter, who is on trial for the murder of his farm manager Gerhard van Wyk, has approached the Windhoek High Court...

Latest News

Bridging the healthcare divide saves...

16 hours ago | Columns

Celia Sofia StephanusIn December 2019, Covid-19 became something for the world to worry about. It was no longer something that was just happening in Asia....

Give me Namibia’s unemployment problem...

16 hours ago | People

Wetumwene Shikage She was born in Katutura, in a settlement known as Gemeente, which she describes with pride saying that after apartheid during...

Border posts’ revenue in Zambezi...

16 hours ago | Economics

Border posts in Zambezi recorded a 26% decrease in revenue during the 2020/21 financial year, regional governor Lawrence Sampofu has said.Delivering his State of the...

Making his way up the...

16 hours ago | People

Desiree GasesEddie King was born and raised in the Western Transvaal town of Klerksdorp. He grew up in a home with loving, committed and hard-working...

Maria Louw manages an integral...

16 hours ago | People

Michelline NawatisesAfter being at Paratus for 14 years, Maria Louw considers herself to be “part of the furniture”, but Paratus considers her part of the...

Meeting the legal needs of...

16 hours ago | Business

Rivaldo Kavanga The firm is a general law practice. Their main areas of practice are criminal defence, labour law, commercial litigation, corporate governance, administrative law,...

EDITORIAL: Namibia must listen to...

16 hours ago | Opinion

The oil search in the Kavango East Region gives Namibia another glimmer of hope for a prime resource breakthrough, but this has not been without...

Breathing deep

16 hours ago | Business

During the first week of the Breathe Namibia campaign, Agra and Woermann, Brock & Co staff handed over more than 50 Oxygenators to recipients in...

Emilia Eino takesing up her...

16 hours ago | People

Emilia Eino has been in the ICT industry for the past ten years. She first served as a development planner responsible for ICT infrastructure development...

Load More