Mother sues Adansonia Hotel for negligence

Tebogo Kgalemang
Correspondent | Wednesday June 23, 2010 00:00

According to the particulars of the lawsuit, Olerile Mabutho, is suing Fencit Proprietary Limited, trading as Adansonia Hotel, for P225,000 in damages for funeral expenses incurred in the burial of her son, general damages and costs of the suit.

Mabutho, who is represented by David Ditiro, accused the defendants of negligence in that they failed to provide security at the uncovered swimming pool when they knew that people would be gathering at the hotel for the New Year's Day celebrations that they hosted. She said their negligence contributed to the death of her child who drowned in the swimming pool during the function.

Attorney Ditiro submitted that the defendant's exception was improper as it was filed before entering a memorandum of appearance.

He argued that in terms of the rules of the court, a party cannot take an exception before entering a memorandum of appearance.

However, defence attorney Mishingo Jeremia accused the plaintiffs of presenting skeletal documents.

He said the plaintiff's claim could not disclose a cause of action because it did not disclose the identity of the deceased, whose death is the subject of the proceedings.

The case will continue on September 10 when Justice Abednico Tafa will deliver judgement.