Western Cape High Court includes Transnet in woman's R1. 5 million injury claim
Image: File
The Western Cape High Court ruled that Transnet had to be added as a defendant in a damages claim of nearly R1.5 million by a Cape Town woman who fell into a manhole at a train station.
The question arose as to who the manhole belonged to.
The City of Cape Town, against whom Maureen Hendricks issued her summons for damages, was adamant that the manhole did not fall under its jurisdiction.
In an interlocutory application, the court was asked that Transnet Limited be added as a party to the pending action instituted by Hendricks, who said she suffered severe injuries when she fell into an open, unprotected manhole on August 17, 2022.
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The city has filed a special plea of misjoinder and non-joinder, averring that the manhole in question is part of Transnet's infrastructure, specifically a boundary inspection chamber at the Stikland Train Station.
Transnet, on the other hand, denies ownership or responsibility for the manhole, contending that it is situated on a public sidewalk and forms part of the city's sewer installation. Following the incident, the city, however, did cover the manhole.
The city, meanwhile, filed a notice to abide by this application that Transnet should be joined as a party.
Judge Gayaat Da Silva Salie said it is in dispute whether the manhole is part of municipal infrastructure or Transnet infrastructure.
'As I see it and, in my view, if Transnet is not joined and the city is found not liable on the basis that the manhole belongs to Transnet, the applicant (Hendricks) would be compelled to institute separate proceedings against Transnet, possibly raising prescription defences and duplicating factual inquiries.'
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