Mokhati v Road Accident Fund (13608/2015) [2016] ZAGPPHC 1041 (20 December 2016)

Mokhati v Road Accident Fund (13608/2015) [2016] ZAGPPHC 1041 (20 December 2016)

The court found that while the legal principle regarding a child's duty to support indigent parents is accepted, the plaintiff failed to prove on a balance of probabilities that he was indigent or that the deceased regularly supported him. The evidence showed that the deceased made only ad hoc contributions, and the plaintiff's own income from disability and child grants was sufficient to cover his expenses. Contradictory affidavits regarding the deceased's employment and income further undermined the plaintiff's case. The plaintiff did not discharge the onus of proof required to succeed in a claim for loss of support.

Citation
[2016] ZAGPPHC 1041
Parties
Plaintiff: Mokhati Ntemekoane Jacob; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
20 December 2016
Case Number
13608/2015
Procedural Posture
Civil Trial / Judgment After Trial
Outcome
Plaintiff's claim dismissed with costs.
Judges
Ranchod
Legal Topics
Road Accident Fund Act, Loss of Support, Quantum of Damages, Duty of Support, Onus of Proof
Civil Procedure Delict Road Accident Fund Act Loss of Support Quantum of Damages Duty of Support Onus of Proof

Case Brief

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Parties

Mokhati Ntemekoane Jacob

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Judgment After Trial

Legal Issues

  1. 1 Whether the plaintiff is entitled to claim for loss of support as a result of the death of his son.
  2. 2 Whether the plaintiff proved indigence and the quantum of support lost.
  3. 3 Whether the deceased in fact supported the plaintiff during his lifetime.

Ratio Decidendi

The court found that while the legal principle regarding a child's duty to support indigent parents is accepted, the plaintiff failed to prove on a balance of probabilities that he was indigent or that the deceased regularly supported him. The evidence showed that the deceased made only ad hoc contributions, and the plaintiff's own income from disability and child grants was sufficient to cover his expenses. Contradictory affidavits regarding the deceased's employment and income further undermined the plaintiff's case. The plaintiff did not discharge the onus of proof required to succeed in a claim for loss of support.

Court Disposition

Plaintiff's claim dismissed with costs.

Orders

  • The plaintiff's claim is dismissed with costs.