Sobici v Road Accident Fund (657/2016) [2019] ZAECPEHC 57 (17 September 2019)

Sobici v Road Accident Fund (657/2016) [2019] ZAECPEHC 57 (17 September 2019)

The court finds that there is a material dispute between the experts regarding the plaintiff's mental capacity and ability to provide coherent instructions for litigation. Given the advanced stage of proceedings and the conflicting opinions, the court cannot determine on the papers whether the plaintiff is incapable of managing her affairs. The matter is referred for oral evidence in terms of Rule 57(9) to resolve the factual dispute regarding the necessity of appointing a curator ad litem.

Citation
[2019] ZAECPEHC 57
Parties
Applicant: Luxolo Eric Sobici; Respondent: Road Accident Fund
Court
Eastern Cape High Court, Port Elizabeth
Jurisdiction
South Africa
Judgment Date
17 September 2019
Case Number
657/2016
Procedural Posture
Curatorship Application / Application for Appointment of Curator Ad Litem and Curator Bonis; Opposed Motion
Outcome
The issue of the appointment of a curator ad litem for the plaintiff is referred for the hearing of oral evidence in terms of Rule 57(9) of the Uniform Rules of Court. Costs are reserved for determination by the court hearing oral evidence.
Judges
M Makaula
Legal Topics
Curatorship, Rule 57 Uniform Rules, Mental Capacity, Oral Evidence, Expert Evidence
Civil Procedure Land and Property Curatorship Rule 57 Uniform Rules Mental Capacity Oral Evidence Expert Evidence

Case Brief

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Parties

Luxolo Eric Sobici

Applicant

Road Accident Fund

Respondent

Procedural Posture

Curatorship Application / Application for Appointment of Curator Ad Litem and Curator Bonis; Opposed Motion

Legal Issues

  1. 1 Whether the plaintiff requires the appointment of a curator ad litem and curator bonis.
  2. 2 Whether the plaintiff is incapable of managing her own affairs and giving coherent instructions for litigation.
  3. 3 Whether the dispute between experts regarding the plaintiff's mental capacity necessitates oral evidence.

Ratio Decidendi

The court finds that there is a material dispute between the experts regarding the plaintiff's mental capacity and ability to provide coherent instructions for litigation. Given the advanced stage of proceedings and the conflicting opinions, the court cannot determine on the papers whether the plaintiff is incapable of managing her affairs. The matter is referred for oral evidence in terms of Rule 57(9) to resolve the factual dispute regarding the necessity of appointing a curator ad litem.

Court Disposition

The issue of the appointment of a curator ad litem for the plaintiff is referred for the hearing of oral evidence in terms of Rule 57(9) of the Uniform Rules of Court. Costs are reserved for determination by the court hearing oral evidence.

Orders

  • The issue of the appointment of a curator ad litem for the plaintiff is referred for the hearing of oral evidence in terms of Rule 57(9) of the Uniform Rules of Court.
  • The costs of this application shall be determined by the court hearing oral evidence.