1. In the recent Court of Appeal session, Litigation Partner, Moemedi Tafa, successfully acted for the Botswana Power Corporation (BPC) in opposing an appeal for a claim in the sum of BWP201 460.00.
2. In the said matter, the Appellant, Fish Sekadiete, had alleged that BPC had caused substantial damage to his house through the tightening of the electricity supply cable to his premises.
3. The Appellant had claimed for the reconstruction, afresh, of his house as well as costs associated with the proceedings.
4. The High Court, in agreeing with the opposition raised by BPC, granted absolution from the instance and dismissed the matter with costs without the need for BPC to give any evidence.
5. The Court of Appeal, in dismissing the appeal by Mr Sekadiete, with costs, confirmed the principle of absolution from the instance, that a party should not be called upon to answer a case where the Plaintiff has not adduced sufficient evidence that a reasonable Court could find in their favour. The matter should then be dismissed without the Defendant having to lead any evidence.
6. The appeal was dismissed with costs in favour of BPC.
