A Pretoria man who sued his older former neighbour for R700 000 after they exchanged blows and swear words during a heated argument about his dogs’ incessant barking has lost his claim.
Judge David Makhoba dismissed the damages claim of Johan van der Westhuizen, 38, of Montana Gardens against his former neighbour Jacobus Prinsloo, 54, of Montana Park, finding that Prinsloo had acted in self-defence when he punched and kicked Van der Westhuizen during an argument on his property in September 2016.
Van der Westhuizen told the court he had rushed home after his wife phoned him and told him a man threw bricks at their dogs and swore at her.
He met Prinsloo and an elderly neighbour on the property where Prinsloo was constructing a new house and asked him why he threw bricks at his dogs, which Prinsloo denied.
He said words were exchanged, Prinsloo complained about his dogs barking, threatened to hit him and then pushed him and punched him in the mouth, breaking some of his teeth. He said Prinsloo kicked him while he was on the ground.
He needed stitches and dental reconstruction after the incident.
Prinsloo testified that Van der Westhuizen had arrived in his car at such a high speed that he was almost hit. He said Van der Westhuizen was immediately aggressive, swore at him, refused to leave and threatened that he would be buried before the sun set.
Prinsloo said Van der Westhuizen, who was much bigger and younger than him, threw the first punch to which he retaliated with a blow to the man’s face and kicks to his body.
After their neighbour separated them, Van der Westhuizen threw a large rock at his head, causing him to bleed profusely.