Ndayi v Road Accident Fund (1172/2021) [2024] ZAMPMHC 44 (4 September 2024)

Parties

Procedural Posture

Civil Trial / Merits Separated From Quantum; Judgment on Liability

Legal Issues

1. 1 Whether the plaintiff proved, on a balance of probabilities, that the accident was caused by the negligent driving of the insured driver.
2. 2 Whether the plaintiff's contradictory versions regarding the cause of the accident are reconcilable and support liability against the defendant.
3. 3 Whether amendment of pleadings after evidence is permissible in the circumstances.

Ratio Decidendi

The plaintiff failed to prove, on a balance of probabilities, that the accident was caused by the negligent driving of the insured driver. The plaintiff presented mutually destructive and irreconcilable versions regarding the cause of the accident in his pleadings, affidavit, and oral evidence. The explanation for the discrepancies was unsatisfactory and unsupported by the record. The plaintiff sought to amend his pleadings after evidence was led, but such amendment would materially alter the case and prejudice the defendant. The court found the plaintiff's evidence unreliable and insufficient to discharge the onus of proof required for liability under the Road Accident Fund Act....

Court Disposition

Plaintiff's claim dismissed with costs.

Orders

• The Plaintiff's claim is dismissed with costs on a party and party scale.