Nkosi v Road Accident Fund (4671/2023) [2025] ZAMPMBHC 46 (4 June 2025)

Nkosi v Road Accident Fund (4671/2023) [2025] ZAMPMBHC 46 (4 June 2025)

The court found that the expert evidence presented by the plaintiff was not credible, lacked objectivity, and was not based on established facts. The experts failed to obtain necessary documentation such as school reports and employment certificates, and their conclusions were unsupported and poorly reasoned. The plaintiff did not discharge the onus of proving entitlement to damages for loss of future earnings, as the industrial psychologist failed to make postulations on pre-morbid earnings and there was insufficient evidence to conclude that the plaintiff would have obtained further qualifications. Consequently, the court ordered absolution from the instance rather than dismissing the...

Citation
[2025] ZAMPMBHC 46
Parties
Plaintiff: Bhekifa Mazwi Nkosi; Defendant: Road Accident Fund
Court
Mbombela High Court, Mpumalanga
Jurisdiction
South Africa
Judgment Date
4 June 2025
Case Number
4671/2023
Procedural Posture
Civil Trial / Judgment After Trial
Outcome
Claim absolved from the instance; no order as to costs.
Judges
Mangena
Legal Topics
Road Accident Claims, Quantum of Damages, Expert Evidence, Loss of Earnings
Delict Civil Procedure Road Accident Claims Quantum of Damages Expert Evidence Loss of Earnings

Case Brief

Summary, issues, holding and outcome

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Parties

Bhekifa Mazwi Nkosi

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Judgment After Trial

Legal Issues

  1. 1 Whether the plaintiff proved entitlement to damages for loss of future earnings.
  2. 2 Whether the expert evidence presented by the plaintiff was credible and based on objective facts.
  3. 3 Whether the plaintiff's claim for general damages and medical expenses was supported by sufficient evidence.

Ratio Decidendi

The court found that the expert evidence presented by the plaintiff was not credible, lacked objectivity, and was not based on established facts. The experts failed to obtain necessary documentation such as school reports and employment certificates, and their conclusions were unsupported and poorly reasoned. The plaintiff did not discharge the onus of proving entitlement to damages for loss of future earnings, as the industrial psychologist failed to make postulations on pre-morbid earnings and there was insufficient evidence to conclude that the plaintiff would have obtained further qualifications. Consequently, the court ordered absolution from the instance rather than dismissing the...

Court Disposition

Claim absolved from the instance; no order as to costs.

Orders

  • Absolution from the instance is granted.
  • There is no order as to costs.