Pollution and waste management offences

Mabuza v Phinduvuke Bus Service (66/2017) [2018] SZSC 13 (29 May 2018);

Search Summary: 

Civil Procedure   ̶  Action by Appellant claiming damages for negligence ­­– Bus conductor throws bottle under bus from which the Appellant has just alighted – Bus stamples over the stump of crushed bottle – Part of the bottle springs up and hits eye of the Appellant resulting in injury – Respondent raises  plea of absolution from the instance on ground that the injury was not foreseeable – court a quo upholds the plea on ground that the bus conductor was not negligent as the damage caused was neither reasonably foreseeable nor preventable – whether court a quo  applied proper test for absolution from the first instance – On appeal, held that on the evidence adduced the conduct of the bus conductor was negligent and the damage caused to the Appellant was reasonably foreseeable and preventable – Appeal allowed with costs – Matter remitted back to the court a quo, to hear the Respondent’s case and determine the case on the merits.

 

IN THE SUPREME COURT OF ESWATINI

JUDGMENT

HELD AT MBABANE                                                                                                 CIVIL APPEAL CASE NO.66/2017

 

In the matter between:

SIFISO MABUZA                                                              APPELLANT

and

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