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Court trouble for 'Moeilikheid' owners

11 September 2012
Kathryn Kimberley

A DESPATCH couple should have known when naming their car "Moeilikheid" that they were looking for trouble – because that is all the luxury vehicle has caused them.

They will now have to find another way to replace the R305000 car after a failed court bid to recover the money for the vehicle following an accident.

The Chevrolet Lumina SS Ute, with "Moeilikheid" – Afrikaans for troublesome – painted on the rear window,was written off outside Port Elizabeth in May 2010 when, according to the court, it was travelling well over the speed limit.

The owner, AP Avenant, slapped the driver of the other vehicle, a 69-year-old widow from Uitenhage, with the bill.

But the Port Elizabeth High Court added to Avenant's financial troubles last week when it dismissed his application to force Sheila Els to cough up the cash.

Instead, Avenant was ordered to pay the costs of the court application, forcing him to dig even deeper into his pockets.

His wife, identified in court papers only as Mrs Avenant, had been driving the vehicle at the time of the crash. She testified that the vehicle was in excellent condition.

It was a powerful vehicle, but she knew how to handle it, and it was capable of stopping quickly if required, she said.

She was adamant that the collision was a result of Els's negligence. But her claim that she adhered to the speed limit of 60km/h was dismissed as untruthful.

She told the court that although she often drove at 160km/h on the open road, she tried not to exceed the speed limit in built-up areas.

Another motorist travelling on the same road on the day of the accident testified that the Lumina had overtaken him at a very high speed shortly before the crash.

A specialist testified that Avenant could not have been travelling under less than 102km/h. Judge Jeremy Pickering said Avenant's driving had been grossly negligent and dismissed the claim with costs.



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