[1976]DLCA397 • April 12, 1976 • Court of Appeal
KESIWAH vs. JAJA
On 23 November 1965, the plaintiff sustained serious injuries when the defendant's vehicle, on which she was travelling, veered off course and plunged into a ditch. The plaintiff claimed damages for negligence, relying on the maxim res ipsa loquitur. The defendant denied negligence, pleading a latent defect in the vehicle's steering arm as the cause of the accident.
read moreJUDGMENT OF FRANCOIS J.A. Francois J.A. delivered the judgment of the court. The incidents which gave rise to this appeal occurred on 23 November 1965. The plaintiff on that date, sustained serious injuries when the defendant’s vehicle on which she was travelling, careered off course and plunged into a ditch. The plaintiff claimed damages for negligence, particulars of which she listed and then concluded with the usual reliance on the maxim of res ipsa loquitur. In denying negligence the defendant pleaded a latent defect, which he formulated in the three paragraphs recapitulated hereunder: “(2) The defendant denies paragraph (2) of the statement of claim and says the lorry went off the road as a result of a sudden break of the steering arm which rendered the steering beyond control. (3) As to paragraph (3) of the statement of claim the defendant says the driver did everything possible to stop, steer and control the vehicle to avert the accident but failed because of the...