High Court Judge Orben Sibeya has ruled local security company, Shilimela Advanced Security Services cc, is liable for the alleged shooting and injuring of two Windhoek residents by its employees.
The security company applied for an exception earlier this month, citing that they cannot be held liable when those suing failed to identify the guards that shot and injured them in their particulars of claim.
Their failure to identify the guards left the company unable to establish if such security guards were still part of its workforce or not.
The company further indicated that the particulars of the claim were vague and embarrassing.
“In my view, failure to name the security guard does not create a deficiency in the particulars of claim rendering same, not capable to sustain a cause of action, such finding collapses the reliance on the same complaint but for a different approach,” said Sibeya.
He added that it is an established principle of law that the employer can be held liable for actions of the employee committed during the course and scope of employment.
“The employer may be held liable for actions of the employee irrespective of how bad, dishonest or negligent the employee acts, provided that this is carried out within the course and scope of employment,” explained Sibeya.
Windhoek residents Saara Kambuze and Kristof Namukwambi are jointly suing Shilimela for damages following a shooting incident at a bar in Single Quarters, Katutura, on 27 September 2017.
Kambuze is claiming that she sustained several injuries on her left knee and left foot - and as a result of these injuries, she was admitted to the Katutura state hospital for a week.
“I had to undergo medical treatment but without removing the bullet fragments. It was determined that the bullet fragments are close to vital arteries and veins that may be torn and or damaged, and which could result in excessive bleeding or consequential death,” said Kambuze.
She still has bullet fragments in her body that have allegedly caused her to live in pain.
In the first claim, they want an amount of N$750 000 for pain and suffering, past and future medical costs, loss of amenities of life and disfigurement – and loss of income.
For the second claim, they want the security company to pay N$1.5 million for loss of income, past and future medical expenses, as well as the pain and suffering they endured.
The case is set to be back in court on 16 March for case management.