By Bahle Gama
The High Court ordered ARRO-P to pay E38 612.32 plus interest and costs for damages incurred to a motor vehicle during a traffic collision involving one of the company’s trucks.
Fallon Hillary had taken ARRO-P and Nsindiso Sihlongonyane (the second defendant) to court after her red VW Polo was side-swiped by a truck tractor belonging to the company.
The incident happened on May 8, 2023, along the Mbabane-Manzini Highway near the KaKhoza traffic lights.
According to a judgement by Judge Majahenkhaba Dlamini, the court found that the truck was being driven negligently by Sihlongonyane, an employee of ARRO-P.
Despite the company denying knowledge of the second defendant and disputing ownership of the truck, evidence presented in court showed that the vehicle bore ARRO-P’s branding and was driven by their employee.
ARRO-P’s main defence was that the plaintiff had “barked at the wrong tree,” arguing the truck was not theirs and the accident had not been reported to their insurance within the required timeframe.
They also denied liability by asserting that their insurance only covered company assets, not third-party claims.
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However, during cross-examination, Peace Mabuza, testifying for the defence, confirmed he was the executive director of ARRO-P.
He had also attempted to refer the plaintiff’s demand letter to the company’s insurer, further confirming the truck’s link to the company.
Mabuza admitted that the truck involved in the accident bore no personal logos and that only company vehicles carried the ARRO-P emblem, which was visible on the truck in question.
Hillary, who was behind the wheel during the accident, said she was in the slow lane when the truck swerved into her lane without warning, hooking her vehicle and dragging it until it was pushed onto the pavement.
She testified that the truck driver continued moving for some distance before stopping and apologising, saying he was in a rush to collect a new load in Manzini.
Constable Musa Mkhabela, who was one of the investigating officers at the scene, corroborated Hillary’s version. He testified that the truck driver admitted to failing to notice the plaintiff’s vehicle before switching lanes.
The court ruled that Sihlongonyane had driven negligently by failing to keep a proper lookout and swerving into Hillary’s lane.
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It also confirmed that he was indeed an employee of ARRO-P and that the company was vicariously liable for the damage caused.
Judge Majahenkhaba rejected ARRO-P’s attempt to argue contributory negligence or dispute the cost of repairs, especially since no evidence had been submitted in their favour and Sihlongonyane had not filed a plea.
He ordered ARRO-P to pay E38,612.32 to Hillary, along with interest at a rate of 9 per cent per annum from the date of judgment. The company is also liable for the legal costs of the suit.
