DELICT – MOTOR VEHICLE COLLISION – VERSIONS OF PLAINTIFF AND DEFENDANT MUTUALLY DESTRUCTIVE – ONUS ON PLAINTIFF TO PROVE NEGLIGENCE ON A BALANCE OF PROBABILITIES. Markus v Angula NAHCNLD 53 (05 June 2023)

A collision occurred between the plaintiff and the defendant’s motor vehicles. Both the plaintiff and the defendant were driving in the same direction when the plaintiff decided to overtake the defendant and in the process, their vehicles collided. Each party claimed that the other was at fault, but there was no counterclaim.

The plaintiff alleged that the collision was caused solely by the defendant’s negligent driving and sought payment in the amount of N$ 60 034.89 (consisting of N$ 1 900 for towing fees; N$ 59 034.89 for damages occasioned to the vehicle). In claim 2 . . .

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