Read the full judgment text of DCCJ 002041/2004 on BabelCite. This District Court judgment was delivered on 29 April 2009.
1. The crux of the defence is shown at paragraph 15 of the Defence, namely, “the accident occurred all because the Plaintiff knew and chose to leave the gap in a risky or dangerous way. The staff of the Defendant had no alternative but to leave the gap in such a way under the instructions of the plaintiff.” Two pieces of fact are implicit in the first sentence: (i) the way of lifting the gap is risky or dangerous; (ii) the Plaintiff knew and chose to do it in that way. The gist of the Defence