Lesia obo A.N.L v Road Accident Fund (2016/1728) [2019] ZAGPPHC 148 (13 May 2019)

Lesia obo A.N.L v Road Accident Fund (2016/1728) [2019] ZAGPPHC 148 (13 May 2019)

The court found that the plaintiff's evidence regarding the nature of her relationship with the deceased was uncontested and credible. The relationship exhibited characteristics of a life partnership, including cohabitation, shared expenses, an express oral agreement to support one another, and an intention to marry. These facts established a reciprocal duty of support, which the law recognises for the purposes of a dependants' action. The court held that the plaintiff was entitled to claim for loss of support in her personal capacity. Regarding costs, the court exercised its discretion and found that the employment of two counsel was not warranted, as the matter was not sufficiently...

Citation
[2019] ZAGPPHC 148
Parties
Plaintiff: Refiloe Hopewell Lesia obo A[….] N[….] L[….]; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
13 May 2019
Case Number
2016/1728
Procedural Posture
Civil Trial / Quantum and Existence of Duty of Support
Outcome
Plaintiff's claim for loss of support in her personal capacity is upheld. Costs of two counsel are not awarded.
Judges
Mokose
Legal Topics
Loss of Support, Life Partnership, Reciprocal Duty of Support, Dependants Action
Delict Family and Children Loss of Support Life Partnership Reciprocal Duty of Support Dependants Action

Case Brief

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Parties

Refiloe Hopewell Lesia obo A[….] N[….] L[….]

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantum and Existence of Duty of Support

Legal Issues

  1. 1 Whether the plaintiff, in her personal capacity, had a claim for loss of support against the defendant in the absence of a formal marriage to the deceased.
  2. 2 Whether the relationship between the plaintiff and the deceased gave rise to a reciprocal duty of support worthy of legal protection.
  3. 3 Whether the employment of two counsel by the plaintiff was a reasonable and prudent precaution for costs purposes.

Ratio Decidendi

The court found that the plaintiff's evidence regarding the nature of her relationship with the deceased was uncontested and credible. The relationship exhibited characteristics of a life partnership, including cohabitation, shared expenses, an express oral agreement to support one another, and an intention to marry. These facts established a reciprocal duty of support, which the law recognises for the purposes of a dependants' action. The court held that the plaintiff was entitled to claim for loss of support in her personal capacity. Regarding costs, the court exercised its discretion and found that the employment of two counsel was not warranted, as the matter was not sufficiently...

Court Disposition

Plaintiff's claim for loss of support in her personal capacity is upheld. Costs of two counsel are not awarded.

Orders

  • The draft order marked 'X' is incorporated and made an order of court.
  • Costs are awarded to the plaintiff, but not on the basis of two counsel.