Mudau v RAF (8699/14) [2017] ZAGPPHC 980 (29 September 2017)

Mudau v RAF (8699/14) [2017] ZAGPPHC 980 (29 September 2017)

The court found that the plaintiff failed to discharge the onus of proving, on a balance of probabilities, that the accident was caused by the negligent or contributory negligent driving of the insured driver. The evidence presented by the plaintiff and his witness was unsatisfactory and lacked credibility, as it did not establish any wrongdoing or negligence on the part of the insured driver. The insured driver took reasonable evasive actions under the circumstances, and there was no basis for attributing fault or contributory negligence to him. Accordingly, the plaintiff's claim was dismissed.

Citation
[2017] ZAGPPHC 980
Parties
Plaintiff: Fhezisani Gerson Mudau; Defendant: The Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
29 September 2017
Case Number
8699/14
Procedural Posture
Civil Trial / Merits Only; Quantum Separated Under Rule 33(4)
Outcome
Plaintiff's claim dismissed with costs.
Judges
E M Seima
Legal Topics
Negligence, Onus of Proof, Motor Vehicle Collision, Sudden Emergency
Delict Negligence Onus of Proof Motor Vehicle Collision Sudden Emergency

Case Brief

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Parties

Fhezisani Gerson Mudau

Plaintiff

The Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Merits Only; Quantum Separated Under Rule 33(4)

Legal Issues

  1. 1 Whether the insured driver was negligent on a balance of probabilities.
  2. 2 Whether the damages suffered by the plaintiff were causally linked to any negligent driving by the insured driver.

Ratio Decidendi

The court found that the plaintiff failed to discharge the onus of proving, on a balance of probabilities, that the accident was caused by the negligent or contributory negligent driving of the insured driver. The evidence presented by the plaintiff and his witness was unsatisfactory and lacked credibility, as it did not establish any wrongdoing or negligence on the part of the insured driver. The insured driver took reasonable evasive actions under the circumstances, and there was no basis for attributing fault or contributory negligence to him. Accordingly, the plaintiff's claim was dismissed.

Court Disposition

Plaintiff's claim dismissed with costs.

Orders

  • The plaintiff's cause of action is dismissed.
  • The plaintiff is ordered to pay the costs of this cause of action.