Mokoena v Road Accident Fund (4636/2022) [2024] ZAMPMBHC 38 (10 June 2024)

Mokoena v Road Accident Fund (4636/2022) [2024] ZAMPMBHC 38 (10 June 2024)

The plaintiff failed to discharge the onus of proving, on a balance of probabilities, that the deceased earned the income claimed or that he had a legal duty to maintain the plaintiff and the minor children. The evidence presented was insufficient, as it relied primarily on the plaintiff’s own testimony and hearsay affidavits, without supporting documentary proof such as employment contracts or bank statements. The actuarial report was based on unproven facts and could not be accepted as a reliable basis for quantifying damages. In the absence of adequate evidence, the court could not properly assess the quantum of loss of support. Consequently, absolution from the instance was granted,...

Citation
[2024] ZAMPMBHC 38
Parties
Plaintiff: Patricia Sannie Mokoena; Defendant: Road Accident Fund
Court
Mbombela High Court, Mpumalanga
Jurisdiction
South Africa
Judgment Date
10 June 2024
Case Number
4636/2022
Procedural Posture
Civil Trial / Judgment After Trial
Outcome
Plaintiff’s claim dismissed; absolution from the instance granted.
Judges
Moleleki AJ
Legal Topics
Loss of Support, Road Accident Fund Act, Hearsay Evidence, Quantification of Damages
Civil Procedure Delict Loss of Support Road Accident Fund Act Hearsay Evidence Quantification of Damages

Case Brief

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Parties

Patricia Sannie Mokoena

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Judgment After Trial

Legal Issues

  1. 1 Whether the deceased earned an income as recorded by the actuary.
  2. 2 Whether the deceased had a legal duty to maintain the plaintiff and the minor children.
  3. 3 What is the appropriate contingency deduction applicable to the loss of support.

Ratio Decidendi

The plaintiff failed to discharge the onus of proving, on a balance of probabilities, that the deceased earned the income claimed or that he had a legal duty to maintain the plaintiff and the minor children. The evidence presented was insufficient, as it relied primarily on the plaintiff’s own testimony and hearsay affidavits, without supporting documentary proof such as employment contracts or bank statements. The actuarial report was based on unproven facts and could not be accepted as a reliable basis for quantifying damages. In the absence of adequate evidence, the court could not properly assess the quantum of loss of support. Consequently, absolution from the instance was granted,...

Court Disposition

Plaintiff’s claim dismissed; absolution from the instance granted.

Orders

  • Absolution from the instance is granted.
  • The plaintiff is ordered to pay the defendant’s costs.