Zenobia v Road Accident Fund (2013/03860) [2015] ZAGPJHC 144 (23 July 2015)

Zenobia v Road Accident Fund (2013/03860) [2015] ZAGPJHC 144 (23 July 2015)

The court found that, despite the absence of a marriage certificate and a joint will, the deceased and the Plaintiff reconciled and resumed living together as a family, including both minor children. The conduct and circumstances indicated a tacit agreement that the deceased would support Tiago as his own child. The...

Source-derived case information.

Citation
[2015] ZAGPJHC 144
Parties
Plaintiff: Zenobia Natasha Engela; Defendant: Road Accident Fund
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
23 July 2015
Case Number
2013/03860
Procedural Posture
Civil Action / Trial Judgment
Outcome
Plaintiff's claim for loss of support in respect of both minor children is upheld.
Judges
Mashile
Legal Topics
Loss of Support, Dependants Action, Duty of Support, Tacit Agreement
Civil Procedure Family and Children Loss of Support Dependants Action Duty of Support Tacit Agreement

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Parties

Zenobia Natasha Engela

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Action / Trial Judgment

Legal Issues

  1. 1 Whether the deceased owed a legal duty of support to Tiago, his non-biological child, at the time of his death.
  2. 2 Whether the principle in Paixão v Road Accident Fund applies to permanent heterosexual relationships in this context.

Ratio Decidendi

The court found that, despite the absence of a marriage certificate and a joint will, the deceased and the Plaintiff reconciled and resumed living together as a family, including both minor children. The conduct and circumstances indicated a tacit agreement that the deceased would support Tiago as his own child. The development of the common law in Paixão v Road Accident Fund applies, extending the dependants' action to permanent heterosexual relationships. The Plaintiff discharged the onus of proof on a balance of probabilities that the deceased owed Tiago a legal duty of support at the time of his death.

Court Disposition

Plaintiff's claim for loss of support in respect of both minor children is upheld.

Orders

  • The Defendant is to pay the Plaintiff, in her representative capacity as mother and natural guardian of Tiago and Orson, an amount of R1 258 293.00.
  • Of this, R799 894.00 is for Orson and R458 399.00 is for Tiago.