Manbamela v Road Accident Fund (RAF168/16) [2018] ZANWHC 18 (5 July 2018)

Manbamela v Road Accident Fund (RAF168/16) [2018] ZANWHC 18 (5 July 2018)

The court found the plaintiff and his passenger to be credible witnesses whose evidence was consistent and corroborated. The insured driver, by contrast, was a single witness whose evidence was treated with caution and found to be unreliable and inconsistent. On the probabilities, the insured driver failed to keep a proper lookout, was likely travelling at high speed, and entered the intersection when the plaintiff had the right of way. The plaintiff acted as a reasonable driver, reduced speed, and observed the insured driver approaching. The court held that the insured driver's negligence was the sole cause of the collision and that the plaintiff did not contribute to the accident....

Citation
[2018] ZANWHC 18
Parties
Plaintiff: Jonas Thingahangwi Manbamela; Defendant: Road Accident Fund
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
5 July 2018
Case Number
RAF168/16
Procedural Posture
Civil Trial / Merits Only; Quantum Separated
Outcome
Defendant held liable for 100% of plaintiff's proven or agreed damages; costs awarded to plaintiff.
Judges
GUTTA
Legal Topics
Motor Vehicle Collision, Negligence, Apportionment of Damages Act, Proper Lookout, Contributory Negligence
Delict Motor Vehicle Collision Negligence Apportionment of Damages Act Proper Lookout Contributory Negligence

Case Brief

Summary, issues, holding and outcome

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Parties

Jonas Thingahangwi Manbamela

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Merits Only; Quantum Separated

Legal Issues

  1. 1 Whether the insured driver was negligent in causing the collision.
  2. 2 Whether the plaintiff contributed to the collision through his own negligence.

Ratio Decidendi

The court found the plaintiff and his passenger to be credible witnesses whose evidence was consistent and corroborated. The insured driver, by contrast, was a single witness whose evidence was treated with caution and found to be unreliable and inconsistent. On the probabilities, the insured driver failed to keep a proper lookout, was likely travelling at high speed, and entered the intersection when the plaintiff had the right of way. The plaintiff acted as a reasonable driver, reduced speed, and observed the insured driver approaching. The court held that the insured driver's negligence was the sole cause of the collision and that the plaintiff did not contribute to the accident....

Court Disposition

Defendant held liable for 100% of plaintiff's proven or agreed damages; costs awarded to plaintiff.

Orders

  • Defendant is held liable to compensate plaintiff for 100% of plaintiff's proven or agreed damages.
  • Defendant is to pay the costs.