Shabangu v Road Accident Fund (A709/2015) [2018] ZAGPPHC 638 (27 June 2018)

Shabangu v Road Accident Fund (A709/2015) [2018] ZAGPPHC 638 (27 June 2018)

The appeal was decided solely on the admissible evidence, which consisted of the appellant's oral testimony and his sketch-plan. The court found that the court a quo erred by admitting and relying on documents in the merits bundle, such as photographs and inquest findings, which were not properly introduced as evidence and constituted hearsay. The respondent conceded these errors and agreed that the case should be determined on the appellant's evidence alone. The principle of ex turpi causa non obiter actio was found to be inapplicable to delictual claims. The appellant's application for condonation was granted, but the appellant was ordered to pay the costs of condonation due to his own...

Citation
[2018] ZAGPPHC 638
Parties
Appellant: Ngwaneroux Shabangu; Respondent: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
27 June 2018
Case Number
A709/2015
Procedural Posture
Civil Appeal / Appeal Against Judgment and Costs Order; Application for Condonation and Reinstatement of Appeal
Outcome
Appeal upheld; order of the court a quo set aside and substituted.
Judges
Raulinga, N Mgqibisa-Thusi, S Maakane
Legal Topics
Road Accident Claims, Admissibility of Evidence, Condonation, Costs Award
Delict Civil Procedure Road Accident Claims Admissibility of Evidence Condonation Costs Award

Case Brief

Summary, issues, holding and outcome

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Parties

Ngwaneroux Shabangu

Appellant

Road Accident Fund

Respondent

Procedural Posture

Civil Appeal / Appeal Against Judgment and Costs Order; Application for Condonation and Reinstatement of Appeal

Legal Issues

  1. 1 Whether the court a quo erred by admitting and relying on inadmissible documentary evidence.
  2. 2 Whether the appellant's application for condonation and reinstatement of the appeal should be granted.
  3. 3 Whether the principle of ex turpi causa non obiter actio applies to delictual claims.

Ratio Decidendi

The appeal was decided solely on the admissible evidence, which consisted of the appellant's oral testimony and his sketch-plan. The court found that the court a quo erred by admitting and relying on documents in the merits bundle, such as photographs and inquest findings, which were not properly introduced as evidence and constituted hearsay. The respondent conceded these errors and agreed that the case should be determined on the appellant's evidence alone. The principle of ex turpi causa non obiter actio was found to be inapplicable to delictual claims. The appellant's application for condonation was granted, but the appellant was ordered to pay the costs of condonation due to his own...

Court Disposition

Appeal upheld; order of the court a quo set aside and substituted.

Orders

  • Appellant's application for condonation is granted with costs to be paid by the appellant.
  • The order of the court a quo is set aside and substituted with an order that the respondent (Defendant) is to pay 100% of the appellant's (Plaintiff's) proven or agreed damages, together with the appellant's costs.