CIVIL PRACTICE – SPECIAL PLEA OF NON-COMPLIANCE WITH STATUTORY PROVISIONS – JUDGE HEARING SPECIAL PLEA SEPARATELY WITHOUT EVIDENCE AND CONTRARY TO AGREEMENT BY PARTIES

CIVIL PRACTICE – SPECIAL PLEA OF NON-COMPLIANCE WITH STATUTORY PROVISIONS – JUDGE HEARING SPECIAL PLEA SEPARATELY WITHOUT EVIDENCE AND CONTRARY TO AGREEMENT BY PARTIES

 

The appellant (plaintiff a quo) instituted action for damages from the first and second respondents (Nghikomenwa and the Minister) jointly and severally, the one paying the other to be absolved. On or about 17 May 2018, in Church Street, Gobabis, the appellant’s vehicle was involved in a collision with a vehicle belonging to Correctional Service, driven by the first respondent. Appellant alleged that the first respondent drove the vehicle . . .

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