M.M.B v MEC for Department of Public Works, Roads and Transport, North West (Reasons) (1831/2017) [2025] ZANWHC 40 (20 February 2025)

M.M.B v MEC for Department of Public Works, Roads and Transport, North West (Reasons) (1831/2017) [2025] ZANWHC 40 (20 February 2025)

The court found that the plaintiff's injuries were severe and life-altering, resulting in permanent paraplegia and total occupational dysfunction. The plaintiff's expert evidence was uncontested, and the actuarial calculations for past and future medical expenses, as well as loss of earnings, were accepted as fair and reasonable. The court applied appropriate contingencies and relied on comparable case law to determine general damages. The defendant was ordered to pay the full quantum claimed, including costs of two counsel and all reasonable expert fees, as the defendant failed to challenge any aspect of the plaintiff's case.

Citation
[2025] ZANWHC 40
Parties
Plaintiff: M[...] M[...] B[...]; Defendant: MEC for Department of Public Works, Roads and Transport, North West
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
20 February 2025
Case Number
1831/2017
Procedural Posture
Civil Trial / Quantum Determination After Liability Established
Outcome
Plaintiff's claim for damages is upheld; defendant ordered to pay full quantum and costs.
Judges
JT Djaje
Legal Topics
Motor Vehicle Accident, Quantum of Damages, Personal Injury, Costs Award, Expert Evidence
Delict Civil Procedure Motor Vehicle Accident Quantum of Damages Personal Injury Costs Award Expert Evidence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

M[...] M[...] B[...]

Plaintiff

MEC for Department of Public Works, Roads and Transport, North West

Defendant

Procedural Posture

Civil Trial / Quantum Determination After Liability Established

Legal Issues

  1. 1 What is the appropriate quantum of damages for the plaintiff's injuries sustained in the motor vehicle accident.
  2. 2 Is the defendant liable for the plaintiff's proven or agreed damages.
  3. 3 What costs should be awarded to the plaintiff, including costs of experts and counsel.

Ratio Decidendi

The court found that the plaintiff's injuries were severe and life-altering, resulting in permanent paraplegia and total occupational dysfunction. The plaintiff's expert evidence was uncontested, and the actuarial calculations for past and future medical expenses, as well as loss of earnings, were accepted as fair and reasonable. The court applied appropriate contingencies and relied on comparable case law to determine general damages. The defendant was ordered to pay the full quantum claimed, including costs of two counsel and all reasonable expert fees, as the defendant failed to challenge any aspect of the plaintiff's case.

Court Disposition

Plaintiff's claim for damages is upheld; defendant ordered to pay full quantum and costs.

Orders

  • The defendant shall pay the total sum of R26,691,626.40 to the plaintiff's attorneys in settlement of the plaintiff's claim.
  • Payment shall be made by direct transfer into the trust account of Adams & Adams attorneys.