Mosia v Yousha Tayob Attorneys (14672/2007) [2009] ZAGPPHC 294 (15 September 2009)

Mosia v Yousha Tayob Attorneys (14672/2007) [2009] ZAGPPHC 294 (15 September 2009)

The court found that the plaintiff was running along the edge of the road, facing oncoming traffic, and was struck by an unidentified motor vehicle. The evidence indicated that the driver failed to keep a proper lookout, especially in a built-up area near a railway station and shop, where heightened awareness is required. The court inferred that the driver was negligent and contributed to the collision. However, the plaintiff also acted negligently by running on the edge of the tarred road while distracted by fleeing from robbers. The court apportioned fault, finding the unidentified driver 30% at fault and the plaintiff 70% at fault. As a result, the plaintiff had a claim against the...

Citation
[2009] ZAGPPHC 294
Parties
Plaintiff: Mohlophehi Victor Mosia; Defendant: Yousha Tayob Attorneys
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
15 September 2009
Case Number
14672/2007
Procedural Posture
Civil Trial / Liability Phase; Separation of Issues (liability, Negligence, Quantum)
Outcome
Plaintiff has a claim against the Road Accident Fund, but is found 70% negligent. Determination of liability against the defendant and quantum is postponed sine die. Defendant ordered to pay plaintiff's costs of trial on party and party scale.
Judges
Phatudi
Legal Topics
Road Accident Fund Claim, Negligence, Contributory Negligence, Failure to Keep Proper Lookout
Delict Civil Procedure Road Accident Fund Claim Negligence Contributory Negligence Failure to Keep Proper Lookout

Case Brief

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Parties

Mohlophehi Victor Mosia

Plaintiff

Yousha Tayob Attorneys

Defendant

Procedural Posture

Civil Trial / Liability Phase; Separation of Issues (liability, Negligence, Quantum)

Legal Issues

  1. 1 Whether the plaintiff had a legitimate claim against the Road Accident Fund.
  2. 2 Whether the unidentified driver of the motor vehicle was negligent and caused the collision.
  3. 3 Whether the plaintiff contributed to his own damages through negligence.

Ratio Decidendi

The court found that the plaintiff was running along the edge of the road, facing oncoming traffic, and was struck by an unidentified motor vehicle. The evidence indicated that the driver failed to keep a proper lookout, especially in a built-up area near a railway station and shop, where heightened awareness is required. The court inferred that the driver was negligent and contributed to the collision. However, the plaintiff also acted negligently by running on the edge of the tarred road while distracted by fleeing from robbers. The court apportioned fault, finding the unidentified driver 30% at fault and the plaintiff 70% at fault. As a result, the plaintiff had a claim against the...

Court Disposition

Plaintiff has a claim against the Road Accident Fund, but is found 70% negligent. Determination of liability against the defendant and quantum is postponed sine die. Defendant ordered to pay plaintiff's costs of trial on party and party scale.

Orders

  • Plaintiff has a claim against the Road Accident Fund.
  • Plaintiff is found 70% negligent.