Mpshe v Road Accident Fund (RAF313/2015) [2017] ZANWHC 49 (29 June 2017)

Mpshe v Road Accident Fund (RAF313/2015) [2017] ZANWHC 49 (29 June 2017)

The court found that the plaintiff failed to discharge the onus of proof on a balance of probabilities. The evidence presented by the plaintiff was contradictory and irreconcilable, both between the two witnesses and between their viva voce evidence and sworn statements. The court could not rely on either version, and the contradictions were material to the determination of negligence. The plaintiff did not prove that the insured driver was negligent or that such negligence caused the accident. Accordingly, the claim was dismissed with costs.

Citation
[2017] ZANWHC 49
Parties
Plaintiff: Mahlaku Sarah Mpshe; Defendant: Road Accident Fund
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
29 June 2017
Case Number
RAF 313/2015
Procedural Posture
Civil Trial / Merits Separated; Trial on Merits
Outcome
Plaintiff's claim dismissed with costs.
Judges
Hendricks
Legal Topics
Road Accident Liability, Negligence, Onus of Proof, Contradictory Evidence
Delict Civil Procedure Road Accident Liability Negligence Onus of Proof Contradictory Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

Mahlaku Sarah Mpshe

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Merits Separated; Trial on Merits

Legal Issues

  1. 1 Whether the insured driver was negligent and caused the accident resulting in the death of the deceased.
  2. 2 Whether the plaintiff discharged the onus of proof on a balance of probabilities.
  3. 3 Whether the contradictions in the plaintiff's witnesses' evidence are material to the outcome.

Ratio Decidendi

The court found that the plaintiff failed to discharge the onus of proof on a balance of probabilities. The evidence presented by the plaintiff was contradictory and irreconcilable, both between the two witnesses and between their viva voce evidence and sworn statements. The court could not rely on either version, and the contradictions were material to the determination of negligence. The plaintiff did not prove that the insured driver was negligent or that such negligence caused the accident. Accordingly, the claim was dismissed with costs.

Court Disposition

Plaintiff's claim dismissed with costs.

Orders

  • The Plaintiff’s claim is dismissed with costs.