Took Wrong Person to Court

Taking the wrong person to court guarantees that your claim will be thrown out – as happened to Mr Victor Southwell.

But he was not to know until the defendant triumphantly raised this as his defence.

As Mr Southwell entered the public parking garage at a shopping centre, the side of his car scraped against a portable signboard on the left edge of the on-ramp to the garage.

He told Commissioner Epstein that the signboard was placed in such a manner that he one only became aware of it too late, before he could avoid it.

His (incorrect) information was that both the shopping centre as well as the parking was owned or managed by a company called Ixia Trading 630 (Pty) Ltd, but letters to the company, explaining what had happened and requesting compensation for the damage to his car, were ignored.

Mr David Bunce, representing the company listened attentively as Mr Southwell explained to the court what happened. In jest, the commisisoner asked Mr Southwell: “What did the signboard say – don’t bump me?”

Mr Southwell: “It had Union Castle Blg (Pty) Ltd on it.”

He said he only noticed the board after hearing the scraping sound, and added: “I believe the centre is liable for my damage for negligently placing the board where it could cause damage.”

Asked for his response, Mr Bunce said the parking garage itself was owned by Fair Cape, which meant that Ixia Trading had nothing to do with the incident.

Commissioner Epstein responded: “Mr Southwell, did you hear that? – You’ve brought the wrong person to court.”

An angry Mr Southwell lamented: “It means I’ve wasted my time – had Mr Bunce informed me, I would not have brought the wrong party to court.

Commissioner: “It’s a moral issue – Mr Bunce had no legal obligation to inform you.”

Mr Southwell: “This is just one of many atempts to frustrate me. For this reason, I believe I at least have a claim for costs against him.”

Commissioner: “Even for that, you have to prove his liability, but he had no legal obligation to inform you of anything, and therefore has no liability for your mishap.”

Dismissing the claim, the Commisisoner said it was always most frustrating and unsatisfactory, even for the court, to go through the whole process of a court hearing, only to hear at the end of it all that the claimant has mitakenly taken the wrong person to court.

The Commissioner told Mr Southwell: “The good news is that this does not mean that no one is liable for your damage. You must find out who is responsible for the garage, and claim your damages from him.”