- Conflicting testimony prevented the court from determining liability in the accident claim.
- Clear and truthful evidence is essential for a successful personal injury claim.
- Inconsistent or contradictory statements can lead to dismissal of legal claims.
When courts can’t trust the story, justice can stall. That’s exactly what happened in a recent Mpumalanga High Court case, Ntimane v Road Accident Fund, where conflicting testimony left the judge unable to decide who was at fault in a serious car accident.
Alpheos Ntimane claimed damages following a motor vehicle accident on 6 December 2015. He alleged that while driving from Acornhoek to Bushbuckridge, an unidentified vehicle veered into his lane, forcing him to swerve off the road and causing injuries that impacted his ability to work. However, discrepancies in his and his passenger’s accounts of the accident created serious doubts.
During the trial, Ntimane and a passenger gave evidence, supported by expert reports. Yet, their descriptions of the vehicles involved and the circumstances of the accident were inconsistent. Ntimane’s testimony about his own car’s make and registration clashed with earlier sworn statements. Likewise, the passenger initially identified the other vehicle as a police van but later described it as a VW Polo.
Court’s reasoning and outcome
The Road Accident Fund, which denied liability, did not call any witnesses. The court had to assess the unchallenged but conflicting evidence carefully. The judge noted that while uncontradicted, the testimony was marred by contradictions that affected credibility. Due to these inconsistencies, the court was unable to conclude that another vehicle caused the accident.
As a result, the claim was dismissed through absolution from the instance; meaning the court made no final ruling on damages. No costs were awarded.
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