Naisbitt v Road Accident Fund (85653/2014) [2015] ZAGPPHC 969 (24 August 2015)

Naisbitt v Road Accident Fund (85653/2014) [2015] ZAGPPHC 969 (24 August 2015)

The court found that the plaintiff and the deceased entered into an express agreement after their divorce, whereby the deceased undertook to maintain the plaintiff for the rest of his life. The evidence, which was uncontested and corroborated by the plaintiff's sons, established that the deceased continued to support the plaintiff and that she reasonably expected this support to continue. The court held that such an undertaking gave rise to a legally enforceable duty of support, which the law must protect. Accordingly, the Road Accident Fund is liable for the plaintiff's loss of support resulting from the deceased's death, as the duty of support existed at the time of the accident.

Citation
[2015] ZAGPPHC 969
Parties
Plaintiff: Magdalena Johana Naisbitt; Respondent: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
24 August 2015
Case Number
85653/2014
Procedural Posture
Civil Trial / Merits Judgment; Quantum Postponed Sine Die
Outcome
Judgment on the merits granted in favour of the plaintiff with costs.
Judges
Stryjdom
Legal Topics
Loss of Support, Duty of Support, Express and Tacit Agreement, Road Accident Fund Act, Maintenance After Divorce
Delict Civil Procedure Loss of Support Duty of Support Express and Tacit Agreement Road Accident Fund Act Maintenance After Divorce

Case Brief

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Parties

Magdalena Johana Naisbitt

Plaintiff

Road Accident Fund

Respondent

Procedural Posture

Civil Trial / Merits Judgment; Quantum Postponed Sine Die

Legal Issues

  1. 1 Whether the plaintiff had a legally enforceable right to support from the deceased after their divorce.
  2. 2 Whether an express or tacit agreement existed between the plaintiff and the deceased regarding maintenance.
  3. 3 Whether the Road Accident Fund is liable for loss of support in circumstances where the duty of support arises from a post-divorce agreement.

Ratio Decidendi

The court found that the plaintiff and the deceased entered into an express agreement after their divorce, whereby the deceased undertook to maintain the plaintiff for the rest of his life. The evidence, which was uncontested and corroborated by the plaintiff's sons, established that the deceased continued to support the plaintiff and that she reasonably expected this support to continue. The court held that such an undertaking gave rise to a legally enforceable duty of support, which the law must protect. Accordingly, the Road Accident Fund is liable for the plaintiff's loss of support resulting from the deceased's death, as the duty of support existed at the time of the accident.

Court Disposition

Judgment on the merits granted in favour of the plaintiff with costs.

Orders

  • Judgment is granted on the merits in favour of the plaintiff.
  • The defendant is ordered to pay the plaintiff's costs.