Kekana v Road Accident Fund (84696/2015) [2018] ZAGPPHC 461 (20 April 2018)

Kekana v Road Accident Fund (84696/2015) [2018] ZAGPPHC 461 (20 April 2018)

The court found that the plaintiff's direct evidence regarding the accident was credible, forthright, and not contradicted by any reliable evidence. The defendant's sole witness, Sgt Tlhotse, was found to be unreliable, evasive, and his evidence was not properly tested in cross-examination. The absence of the accident report and inconsistencies in Sgt Tlhotse's testimony further undermined the defendant's case. The court concluded that the accident and the plaintiff's injuries were caused by the negligent conduct of the driver of the unidentified vehicle. The defendant failed to establish any contributory negligence on the part of the plaintiff, as there was no evidence that her actions...

Citation
[2018] ZAGPPHC 461
Parties
Plaintiff: Mapula Suzen Kekana; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
20 April 2018
Case Number
84696/2015
Procedural Posture
Civil Trial / Merits Only
Outcome
The defendant is declared liable to compensate the plaintiff for 100% of the damages caused by the accident, and is ordered to pay the plaintiff's costs.
Judges
RJA Moultrie
Legal Topics
Road Accident Fund Act, Contributory Negligence, Burden of Proof, Apportionment of Damages
Delict Civil Procedure Road Accident Fund Act Contributory Negligence Burden of Proof Apportionment of Damages

Case Brief

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Parties

Mapula Suzen Kekana

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Merits Only

Legal Issues

  1. 1 Whether the accident and the plaintiff's injuries were caused by the negligent driving of the driver of an unidentified vehicle.
  2. 2 Whether any negligence of the plaintiff herself was a contributory cause of the accident and her injuries.

Ratio Decidendi

The court found that the plaintiff's direct evidence regarding the accident was credible, forthright, and not contradicted by any reliable evidence. The defendant's sole witness, Sgt Tlhotse, was found to be unreliable, evasive, and his evidence was not properly tested in cross-examination. The absence of the accident report and inconsistencies in Sgt Tlhotse's testimony further undermined the defendant's case. The court concluded that the accident and the plaintiff's injuries were caused by the negligent conduct of the driver of the unidentified vehicle. The defendant failed to establish any contributory negligence on the part of the plaintiff, as there was no evidence that her actions...

Court Disposition

The defendant is declared liable to compensate the plaintiff for 100% of the damages caused by the accident, and is ordered to pay the plaintiff's costs.

Orders

  • It is declared that the defendant is liable to compensate the plaintiff for 100% of such damages as she may prove, or as may be agreed, to have been caused to her by the accident which occurred on 16 February 2016.
  • The defendant is ordered to pay the plaintiff's party and party costs.