WebIn this connection the two parties have given conflicting versions which I find to be mutually destructive. It is an established principle of law that in such circumstances, the Court has to weigh up and test the allegations of the plaintiffs against the general probabilities. WebSep 22, 2024 · Mutually destructive versions: [16] As indicated there exist two conflicting versions as to the incident that transpired between the appellant and the complainant on or about 15 May 2007 which lead to the conviction of the appellant on a charge of rape. [17] In S v Janae van Renaburg it was said:
Viljoen v S (A240/2015) [2024] ZAGPPHC 1216 (22 September 2024)
WebApr 19, 2024 · The court adopted the approach from National Employers’ General Insurance Co Ltd v Jagers that where there are two mutually destructive versions, a party can only succeed if it satisfies the court on a balance of probabilities that its version is true and … Web[10] In the present case the trial Court was faced with two mutually destructive versions. If the version of the appellant is found to be reasonably possibly true then the balance of … teen ted talks on gratitude
DECLICT – UNLAWFUL ARREST – DEFENCE RAISED IN TERMS OF …
WebShe however stood very well to it. At the end of the cross-examination her version was virtually unscathed. ANALYSIS [55] As I have already alluded to hereinbefore, where there are two mutually destructive versions, the court may look at credibility issues, surrounding circumstances as well as at the probabilities inherent therein. http://www.lawlibrary.co.za/notice/updates/2014/issue_15/recentjudgments_sca.htm WebMutually destructive versions – Proper approach – Court to apply its mind to merits, demerits of State, defence witnesses’ evidence and probabilities of case – Court not to … teen titans go full episodes teenage mutant ninja turtles