Gusha v Road Accident Fund (158/2011) [2011] ZASCA 242; 2012 (2) SA 371 (SCA) (1 December 2011)

Gusha v Road Accident Fund (158/2011) [2011] ZASCA 242; 2012 (2) SA 371 (SCA) (1 December 2011)

The Supreme Court of Appeal held that the respondent's concession of the merits and acceptance of liability for damages still to be proven constituted an unqualified acceptance of liability for all damages suffered by the appellant as a result of the accident. The respondent gave no thought to contributory negligence at the time of the agreement and did not reserve the right to raise apportionment. The respondent is therefore precluded from pleading or relying on any apportionment of damages due to alleged contributory negligence. The court found the respondent's plea evasive and unethical, as it denied facts known to be true. The appeal succeeded, and the respondent was ordered to pay...

Citation
[2011] ZASCA 242
Parties
Appellant: Mjongi Gusha; Respondent: Road Accident Fund
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
1 December 2011
Case Number
158/2011
Procedural Posture
Civil Appeal / Appeal From North Gauteng High Court, Pretoria
Outcome
Appeal upheld. The respondent is liable for all damages suffered by the appellant as a result of the accident and is precluded from seeking apportionment based on contributory negligence.
Judges
Cloete, Cachalia, Leach
Legal Topics
Road Accident Fund Act, Contributory Negligence, Pleadings, Apportionment of Damages
Delict Civil Procedure Road Accident Fund Act Contributory Negligence Pleadings Apportionment of Damages

Case Brief

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Parties

Mjongi Gusha

Appellant

Road Accident Fund

Respondent

Procedural Posture

Civil Appeal / Appeal From North Gauteng High Court, Pretoria

Legal Issues

  1. 1 Whether the agreement between the parties constituted an unqualified acceptance of liability by the respondent for all damages suffered by the appellant as a result of the accident.
  2. 2 Whether the respondent is precluded from pleading or relying on any apportionment of damages due to alleged contributory negligence by the appellant.

Ratio Decidendi

The Supreme Court of Appeal held that the respondent's concession of the merits and acceptance of liability for damages still to be proven constituted an unqualified acceptance of liability for all damages suffered by the appellant as a result of the accident. The respondent gave no thought to contributory negligence at the time of the agreement and did not reserve the right to raise apportionment. The respondent is therefore precluded from pleading or relying on any apportionment of damages due to alleged contributory negligence. The court found the respondent's plea evasive and unethical, as it denied facts known to be true. The appeal succeeded, and the respondent was ordered to pay...

Court Disposition

Appeal upheld. The respondent is liable for all damages suffered by the appellant as a result of the accident and is precluded from seeking apportionment based on contributory negligence.

Orders

  • The appeal succeeds with costs, including the costs of two counsel.
  • Paragraphs 1 and 2 of the order of the court a quo of 24 March 2010 are set aside and replaced with a declaration that the respondent is liable for all damages suffered by the appellant as a result of the accident and is precluded from seeking apportionment.