Ramasodi v Road Accident Fund (69708/2014) [2022] ZAGPPHC 277 (20 April 2022)

Ramasodi v Road Accident Fund (69708/2014) [2022] ZAGPPHC 277 (20 April 2022)

The plaintiff failed to discharge the onus of proving, on a balance of probabilities, that a customary marriage existed between herself and the deceased. There was no evidence of a marriage certificate, lobola negotiations, or any marriage ceremony. The plaintiff did not file affidavits or lead oral evidence to establish a legal duty of support. Mere cohabitation for two years does not create a legal duty to support. Consequently, the plaintiff did not prove that the deceased was legally obliged to maintain her or her daughter, nor did she prove compensable damages arising from the alleged relationship.

Citation
[2022] ZAGPPHC 277
Parties
Plaintiff: Beverly Nkhensani Ramasodi; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
20 April 2022
Case Number
69708/2014
Procedural Posture
Civil Trial / Default Judgment After Interlocutory Hearings; Defendant Unrepresented at Trial
Outcome
Plaintiff's claim dismissed.
Judges
Makhoba
Legal Topics
Loss of Support, Customary Marriage, Duty of Support, Balance of Probabilities
Family and Children Civil Procedure Loss of Support Customary Marriage Duty of Support Balance of Probabilities

Case Brief

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Parties

Beverly Nkhensani Ramasodi

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Default Judgment After Interlocutory Hearings; Defendant Unrepresented at Trial

Legal Issues

  1. 1 Whether the deceased was legally obliged to maintain the plaintiff as a spouse.
  2. 2 Whether the plaintiff and the deceased were in a customary marriage.
  3. 3 Whether the plaintiff and her daughter suffered compensable damages as a result of the deceased's death.

Ratio Decidendi

The plaintiff failed to discharge the onus of proving, on a balance of probabilities, that a customary marriage existed between herself and the deceased. There was no evidence of a marriage certificate, lobola negotiations, or any marriage ceremony. The plaintiff did not file affidavits or lead oral evidence to establish a legal duty of support. Mere cohabitation for two years does not create a legal duty to support. Consequently, the plaintiff did not prove that the deceased was legally obliged to maintain her or her daughter, nor did she prove compensable damages arising from the alleged relationship.

Court Disposition

Plaintiff's claim dismissed.

Orders

  • Plaintiff's claim is dismissed.
  • No order as to costs.