Mbedzi v RAF (70315/2014) [2018] ZAGPPHC 843 (14 December 2018)

Mbedzi v RAF (70315/2014) [2018] ZAGPPHC 843 (14 December 2018)

The court found that the plaintiff failed to discharge the onus of proving her loss of earnings on a balance of probabilities. Her evidence regarding her income was inconsistent, contradictory, and unsupported by objective proof or corroborating witnesses. The plaintiff provided varying accounts of her earnings to different experts, and her oral testimony was unreliable and evasive. The court held that, even if the existence of the business were accepted, the quantification of loss would be speculative due to the lack of credible evidence. The plaintiff did not establish that she had an income at the time of the accident, nor did she provide a consistent reason for discontinuing her...

Citation
[2018] ZAGPPHC 843
Parties
Plaintiff: Jetina Mbedzi; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
14 December 2018
Case Number
70315/2014
Procedural Posture
Civil Trial / Quantum of Damages (loss of Earnings)
Outcome
Absolution from the instance granted in respect of the plaintiff's claim for loss of earnings; costs awarded against the plaintiff.
Judges
Gwala
Legal Topics
Road Accident Fund Act, Loss of Earnings, Burden of Proof, Absolution From Instance
Civil Procedure Delict Road Accident Fund Act Loss of Earnings Burden of Proof Absolution From Instance

Case Brief

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Parties

Jetina Mbedzi

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantum of Damages (loss of Earnings)

Legal Issues

  1. 1 Did the plaintiff suffer any loss of income as a result of the motor vehicle accident.
  2. 2 Has the plaintiff discharged the onus of proving her loss of earnings on a balance of probabilities.
  3. 3 Is the plaintiff entitled to damages for loss of earnings.

Ratio Decidendi

The court found that the plaintiff failed to discharge the onus of proving her loss of earnings on a balance of probabilities. Her evidence regarding her income was inconsistent, contradictory, and unsupported by objective proof or corroborating witnesses. The plaintiff provided varying accounts of her earnings to different experts, and her oral testimony was unreliable and evasive. The court held that, even if the existence of the business were accepted, the quantification of loss would be speculative due to the lack of credible evidence. The plaintiff did not establish that she had an income at the time of the accident, nor did she provide a consistent reason for discontinuing her...

Court Disposition

Absolution from the instance granted in respect of the plaintiff's claim for loss of earnings; costs awarded against the plaintiff.

Orders

  • Absolution from the instance is granted in so far as the matter relates to the plaintiff's loss of earnings.
  • Plaintiff is ordered to pay the costs of the trial.