Takhona v Ming-chang Chiu (51 of 2019) [2020] SZSC 4 (7 April 2020)

Case summary

Negligence - Traffic motor accident - Whether Appellant guilty of negligent driving - Whether Respondent was guilty of contributory negligence - Applicability of principle of ex turpi causa non oritur actio - Whether best evidence rule breached - Whether plea of guilty to a criminal charge can be relied on as proof of negligence in civil action - Whether quantum of damages proved - Decision by the Court a quo that Appellant was negligent and Respondent was not guilty of contributory negligence upheld - Principle of ex turpi causa non oritur actio abandoned - Respondent failed to prove damages of E74,018. 50 but proved damages of El 0. 000 - Appeal partially successful - Respondent awarded El 0. 000 of suit with interest and costs.

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