Shosha v Road Accident Fund (3259/2018) [2022] ZAFSHC 273 (3 October 2022)

Shosha v Road Accident Fund (3259/2018) [2022] ZAFSHC 273 (3 October 2022)

The court held that the plaintiff failed to discharge the burden of proof regarding the negligence of the insured driver. No admissible evidence was presented by the plaintiff to establish the merits of her claim, and the section 19(f) affidavit was not admitted as evidence. The defendant's settlement offer was made without prejudice and is inadmissible. As neither party presented evidence on the merits, the plaintiff did not make out a prima facie case. Consequently, absolution from the instance was granted, and the plaintiff was ordered to pay the defendant's costs.

Citation
[2022] ZAFSHC 273
Parties
Plaintiff: Pumla Shosha; Defendant: Road Accident Fund
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
3 October 2022
Case Number
3259/2018
Procedural Posture
Civil Trial / Merits and Quantum
Outcome
Absolution from the instance granted; plaintiff to pay defendant's costs.
Judges
Van Rhyn
Legal Topics
Road Accident Fund Act, Burden of Proof, Absolution From Instance, Admissibility of Evidence
Delict Road Accident Fund Act Burden of Proof Absolution From Instance Admissibility of Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

Pumla Shosha

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Merits and Quantum

Legal Issues

  1. 1 Whether the plaintiff proved that the insured driver was negligent and caused the accident.
  2. 2 Whether the plaintiff discharged the burden of proof regarding the merits of her claim.
  3. 3 Whether any evidence was admissible to establish negligence of the insured driver.

Ratio Decidendi

The court held that the plaintiff failed to discharge the burden of proof regarding the negligence of the insured driver. No admissible evidence was presented by the plaintiff to establish the merits of her claim, and the section 19(f) affidavit was not admitted as evidence. The defendant's settlement offer was made without prejudice and is inadmissible. As neither party presented evidence on the merits, the plaintiff did not make out a prima facie case. Consequently, absolution from the instance was granted, and the plaintiff was ordered to pay the defendant's costs.

Court Disposition

Absolution from the instance granted; plaintiff to pay defendant's costs.

Orders

  • Absolution from the instance is granted.
  • The plaintiff is ordered to pay the costs of the defendant.