Banda v Road Accident Fund (2017/22763) [2022] ZAGPJHC 79 (17 February 2022)

Banda v Road Accident Fund (2017/22763) [2022] ZAGPJHC 79 (17 February 2022)

The court found that the order made in respect of the loss of support claim is not appealable, as the interests of justice do not require the claim to be determined on a piecemeal basis. The applicant's entitlement to loss of support should be considered together with the claims of other dependents, which were not disclosed or taken into account in the expert reports. The court retained supervision of the matter for this reason, and the applicant remains entitled to pursue the claim by following the directions in the judgment. The application for leave to appeal is therefore dismissed with costs.

Citation
[2022] ZAGPJHC 79
Parties
Applicant: Grace Banda; Respondent: Road Accident Fund
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
17 February 2022
Case Number
2017/22763
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment Delivered on 2 December 2020.
Outcome
Application for leave to appeal dismissed with costs.
Judges
T Siwendu
Legal Topics
Leave to Appeal, Absolution From the Instance, Loss of Support Claim, Interests of Justice
Civil Procedure Leave to Appeal Absolution From the Instance Loss of Support Claim Interests of Justice

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Grace Banda

Applicant

Road Accident Fund

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment Delivered on 2 December 2020.

Legal Issues

  1. 1 Whether the order made in respect of the loss of support claim is appealable.
  2. 2 Whether the interests of justice require the claim to be determined on a piecemeal basis.
  3. 3 Whether the applicant may pursue the claim for loss of support following the directions in the judgment.

Ratio Decidendi

The court found that the order made in respect of the loss of support claim is not appealable, as the interests of justice do not require the claim to be determined on a piecemeal basis. The applicant's entitlement to loss of support should be considered together with the claims of other dependents, which were not disclosed or taken into account in the expert reports. The court retained supervision of the matter for this reason, and the applicant remains entitled to pursue the claim by following the directions in the judgment. The application for leave to appeal is therefore dismissed with costs.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed with costs.