TRADING STORE SUED OVER E1.5M

MBABANE – Nsoko Trading Store (PTY) Limited in the Lubombo Region is being sued over E1.5 million.

The store and one of its employees Jacob Nsibande are being sued by Siyaphemba Investments (PTY) Limited. In its particulars of claim, the plaintiff ( Siyaphemba Investments (PTY) Limited), submitted that it was the owner of an Argosy Freightliner ISX truck  and of two double trailers which were being pulled by the aforesaid truck. According to the plaintiff on March 18, 2020, the truck was being driven by its erstwhile employee, Ndumiso Benson Matse, who was on his way from Nhlangano to deliver timber at Richards Bay in KwaZulu- Natal, South Africa.

alleged

The plaintiff further alleged that on this day, at about 7:15pm along N2 Road in Mshololo, towards Pongola, the truck and trailers were involved in an accident after they collided with a truck allegedly belonging to the defendant (Nsoko Trading Store (PTY) Limited), registered VSD 804 BH. The latter truck, according to the summons, was from Pongola heading towards Piet Retief and it was allegedly driven by Nsibande.  The plaintiff averred that when driving the truck, Nsibande was acting within the course and scope of his employment. It was further the plaintiff’s averment that the alleged sole cause of the accident was Nsibande who was reportedly negligent. The plaintiff further told the court that among other things, Nsibande allegedly failed to observe a proper lookout for other road users; allegedly recklessly crossed a double barrier line while overtaking another vehicle and went into the plantiff’s truck.  

avoid

It is further alleged by the plaintiff that Nsibande failed to avoid an accident and/ or failed to exercise reasonable care, caution, and adequate control that was expected of a reasonable driver that was in his position and that he allegedly failed to give consideration of the rights of other road users, particularly the rights of the plaintiff. Annexed to the court papers is a police report or accident report from the South African Police Service in Pongola and an affidavit of the investigating officer, Detective Sergeant Jele. These are allegations whose veracity is still to be tested in court and the defendants are yet to file their papers in the event they are disputing the claim against them. “Due to the impact of the collision caused by the negligent driving of the first defendant (Nsibande), the plaintiff’s truck was forced out of the road wherein it overturned and was extensively damaged. Furthermore the driver of the plaintiff’s truck suffered severe injuries which led to his hospitalisation for about a month,” reads part of the summons.

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