Keohitlhetse v Road Accident Fund (41903/2019) [2021] ZAGPPHC 337 (31 May 2021)

Keohitlhetse v Road Accident Fund (41903/2019) [2021] ZAGPPHC 337 (31 May 2021)

The court found that the applicant failed to demonstrate reasonable prospects that another court would reach a different conclusion regarding past loss of earnings, as the plaintiff was a scholar at the time of hearing and the issue was factual. Regarding contingency deductions, the court held that the discretion was exercised judicially and the applicant's criticism was directed at the percentage applied, not the principle itself. The court was not persuaded that another court would apply a different contingency deduction or find a misdirection. Consequently, no proper case was made out for leave to appeal.

Citation
[2021] ZAGPPHC 337
Parties
Applicant: Obakeng Keohitlhetse; Respondent: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
31 May 2021
Case Number
41903/2019
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment on Damages
Outcome
Application for leave to appeal dismissed.
Judges
K.F Phahlamohlaka
Legal Topics
Leave to Appeal, Contingency Deductions, Loss of Earnings, Judicial Discretion
Civil Procedure Delict Leave to Appeal Contingency Deductions Loss of Earnings Judicial Discretion

Case Brief

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Parties

Obakeng Keohitlhetse

Applicant

Road Accident Fund

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment on Damages

Legal Issues

  1. 1 Whether the applicant has shown reasonable prospects that another court would reach a different conclusion regarding past loss of earnings.
  2. 2 Whether the contingency deductions applied by the court were a misdirection warranting leave to appeal.

Ratio Decidendi

The court found that the applicant failed to demonstrate reasonable prospects that another court would reach a different conclusion regarding past loss of earnings, as the plaintiff was a scholar at the time of hearing and the issue was factual. Regarding contingency deductions, the court held that the discretion was exercised judicially and the applicant's criticism was directed at the percentage applied, not the principle itself. The court was not persuaded that another court would apply a different contingency deduction or find a misdirection. Consequently, no proper case was made out for leave to appeal.

Court Disposition

Application for leave to appeal dismissed.

Orders

  • The application for leave to appeal is dismissed.