Kisonwa v Road Accident Fund (49732 /2016) [2018] ZAGPPHC 512 (6 July 2018)

Kisonwa v Road Accident Fund (49732 /2016) [2018] ZAGPPHC 512 (6 July 2018)

The court found that the plaintiff failed to discharge the onus of proving, on a balance of probabilities, that he was not the driver of the second insured vehicle. The evidence from police officers, the accident report, and the post mortem report consistently identified the plaintiff as the driver and the deceased as the passenger. The plaintiff's version was uncorroborated and contradicted by documentary and witness evidence. The court held that the corroborated evidence of the defendant was more probable and reliable, and accordingly declared that the plaintiff was the driver at the time of the collision.

Citation
[2018] ZAGPPHC 512
Parties
Plaintiff: Mutula Jeje Kisonwa; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
6 July 2018
Case Number
49732 /2016
Procedural Posture
Civil Trial / Determination of Declaratory Issue
Outcome
Plaintiff's claim for a declaratory order that he was not the driver is dismissed. It is declared that the plaintiff was the driver of the second insured vehicle at the time of the collision.
Judges
Maakane
Legal Topics
Road Accident Fund Claim, Onus of Proof, Driver Identification, Declaratory Order
Delict Road Accident Fund Claim Onus of Proof Driver Identification Declaratory Order

Case Brief

Summary, issues, holding and outcome

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Parties

Mutula Jeje Kisonwa

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Determination of Declaratory Issue

Legal Issues

  1. 1 Whether the plaintiff was the driver of the second insured vehicle at the time of the collision.
  2. 2 Whether the plaintiff discharged the onus of proving he was not the driver.

Ratio Decidendi

The court found that the plaintiff failed to discharge the onus of proving, on a balance of probabilities, that he was not the driver of the second insured vehicle. The evidence from police officers, the accident report, and the post mortem report consistently identified the plaintiff as the driver and the deceased as the passenger. The plaintiff's version was uncorroborated and contradicted by documentary and witness evidence. The court held that the corroborated evidence of the defendant was more probable and reliable, and accordingly declared that the plaintiff was the driver at the time of the collision.

Court Disposition

Plaintiff's claim for a declaratory order that he was not the driver is dismissed. It is declared that the plaintiff was the driver of the second insured vehicle at the time of the collision.

Orders

  • It is declared that at the time, place and date of the motor collision, the plaintiff Mutula Jeje Kisonwa was the driver of the motor vehicle described as the second insured vehicle.
  • The plaintiff shall pay the defendant's taxed or agreed costs on a party and party scale.