Court clears Klopse body, City

Case of man suing for injury after parade dismissed with costs

THE Kaapse Klopse Karnival Association (KKKA) said it felt vindicated after the Western Cape High Court dismissed the case of a man who was suing the organisation, along with the City, after being injured at the Vygieskraal Stadium in 2015.

Eugene Manuel attempted to sue the KKKA and the City for damages amounting to over R1.3 million after injuring his foot when a stack of loose wooden table tops fell on him.

According to court papers, Manuel said he had gone to the toilet and after leaving the toilet, the stack of tabletops slid on to his left foot.

He was a captain of the Symphony

Way Youth Development Troupe, which participated in the annual KKKA carnival.

“It was the KKKA’s case that the incident was as a result of the plaintiff’s own negligence in leaning on or against the structure, which caused the tabletops to fall on to his foot, and that this occurred much later that night, after the event had concluded and the stadium was being closed up at around 1.30am. None of the City officials were present in the foyer at the time of the incident,” the judgment read.

KKKA spokesperson, Muneeb Gambeno, said the court ruled favourably and they were vindicated by the judgment.

“Since we were granted the right to host the carnival we have been litigated against by various associations, individuals, and even an event organiser that we were in a contract with.

“In every instance, the court ruled in our favour. This is an example of people being opportunistic and having ulterior agendas and wanting to discredit this association. We hope this sends a strong message to those who had plans of making frivolous suits against us,” he said.

The High Court dismissed Manuel’s claim and ordered that he pay for the legal fees of the KKKA and the City, including any reserved costs ordered.

“It is my view that the plaintiff should be ordered to pay the KKKA’s costs for the following reasons. Firstly, there can be no question that the City, in light of the clear terms of the permit, acted prudently in joining the KKKA as a third party. Secondly, notions of reasonableness and fairness militate in favour of such an award…

“The plaintiff shall pay the costs of the defendant as well as the third party on the scale as between party and party as taxed or agreed, including any reserved costs orders,” the judge said.

The City’s media manager, Luthando Tyhalibongo, said: “The City accepts the judgment of the court and defended the action instituted against it on the basis of the available evidence, with which the court agreed.

“The City respects the judgment of the court and has no further comment to add.”

Attempts to locate Manuel were unsuccessful yesterday.