Leask and Another v Road Accident Fund (33281/2013) [2015] ZAGPJHC 76; 2015 (5) SA 20 (GJ) (30 April 2015)

Leask and Another v Road Accident Fund (33281/2013) [2015] ZAGPJHC 76; 2015 (5) SA 20 (GJ) (30 April 2015)

The plaintiffs failed to adduce sufficient evidence that the deceased was gainfully employed and earning the claimed salary of R20,000 per month. The evidence presented was vague, lacked documentary support, and indicated that the alleged support was actually provided by the deceased's sister, Edna, through the business. The court found that the deceased did not have a legal duty to support his parents to the extent claimed, and the plaintiffs did not demonstrate that he would have continued to do so for the duration of their lives. Furthermore, the plaintiffs did not establish that they were indigent or that the deceased was in a financial position to support them. The actuarial...

Citation
[2015] ZAGPJHC 76
Parties
Plaintiff: Jacoba Albertina Leask; Plaintiff: Wilhelm Stephanus De Beer; Defendant: Road Accident Fund
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
30 April 2015
Case Number
33281/2013
Procedural Posture
Civil Trial / Judgment
Outcome
Absolution from the instance granted; plaintiffs' claim dismissed.
Judges
Weiner
Legal Topics
Loss of Support, Indigence, Actuarial Evidence, Duty of Support
Civil Procedure Delict Loss of Support Indigence Actuarial Evidence Duty of Support

Case Brief

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Parties

Jacoba Albertina Leask

Plaintiff

Wilhelm Stephanus De Beer

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Judgment

Legal Issues

  1. 1 Whether the plaintiffs proved that the deceased was gainfully employed and earning the claimed salary at the time of death.
  2. 2 Whether the deceased had a legal duty to support the plaintiffs and would have continued to do so for the duration of their lives.
  3. 3 Whether the plaintiffs were indigent and entitled to loss of support from the defendant.

Ratio Decidendi

The plaintiffs failed to adduce sufficient evidence that the deceased was gainfully employed and earning the claimed salary of R20,000 per month. The evidence presented was vague, lacked documentary support, and indicated that the alleged support was actually provided by the deceased's sister, Edna, through the business. The court found that the deceased did not have a legal duty to support his parents to the extent claimed, and the plaintiffs did not demonstrate that he would have continued to do so for the duration of their lives. Furthermore, the plaintiffs did not establish that they were indigent or that the deceased was in a financial position to support them. The actuarial...

Court Disposition

Absolution from the instance granted; plaintiffs' claim dismissed.

Orders

  • There will be absolution from the instance.
  • The plaintiffs are to pay the defendant's costs.