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South Africa decisions
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Ntimane v Road Accident Fund (297/2017) [2025] ZAMPMBHC 74 (12 August 2025)
The High Court granted absolution from the instance in a Road Accident Fund claim after finding material contradictions about the vehicles involved and no reliable proof of liability.
L.N v Minister of Police and Another (22/19815) [2025] ZAGPJHC 710 (22 July 2025)
The High Court dismissed the second defendant’s absolution application, finding the plaintiff had made out a prima facie case for malicious prosecution and detention.
Minister of Water and Sanitation v Fumile Advisory Services (Pty) Ltd and Others (60250/2018; 86068/2018) [2025] ZAGPPHC 748 (18 July 2025)
The court held that, as a general rule, an order dismissing a claim is equivalent to absolution from the instance, unless the judgment and order clearly indicate a final and determinative ruling on the merits. In this case, the court's previous order and judgment did not constitute a final determination of the substantive rights of the parties. The dismissal of both the Minister's claim and Fumile's counterclaims was based on procedural grounds and evidentiary deficiencies, particularly the failure to prove quantum. The court found that neither party had put their claims on a proper basis, pr…
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Van Wyk v Venter NO and Others (Leave to Appeal) (21072/2019) [2025] ZAWCHC 272 (26 June 2025)
Leave to appeal was dismissed. The court held the plaintiff had not shown realistic prospects of success against absolution from the instance on enrichment and loan claims.
Fikre v Road Accident Fund (26899/19) [2025] ZAGPPHC 680 (30 May 2025)
The High Court granted absolution from the instance in a Road Accident Fund claim after finding the plaintiff’s evidence contradictory and uncorroborated.
Shwala v Road Accident Fund (122402/2023) [2025] ZAGPPHC 534 (29 May 2025)
The High Court granted absolution from the instance in a Road Accident Fund claim after finding the plaintiff’s evidence improbable and insufficient to prove negligence.
A.B. v Emerald Safari Resort (Pty) Ltd (2019/21688) [2025] ZAGPJHC 592 (26 May 2025)
The High Court granted absolution from the instance after the plaintiff failed to prove what caused her fall at a resort and could not establish negligence.
Quality Medical Supplies (Pty) Ltd v Medical Diagnostech (Pty) Ltd (Reasons) (16343/2021) [2025] ZAWCHC 199 (13 May 2025)
The plaintiff failed to plead or prove the existence and breach of any agreement beyond the initial oral agreement. The evidence established that the defendant complied with its obligations under the first agreement when the plaintiff approved the sample. Subsequent modifications and sample approvals constituted new or varied agreements, none of which were pleaded by the plaintiff. The plaintiff repudiated each subsequent agreement by accepting and then rejecting modified samples. The credit notes issued by the defendant limited its liability to replacement of defective products free of charg…
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Van Wyk v Venter N.O and Others (21072/2019) [2025] ZAWCHC 197; [2025] 3 All SA 572 (WCC) (12 May 2025)
The court found that the plaintiff failed to establish a prima facie case for either unjustified enrichment or repayment of a loan. The documentary evidence, including WCP's financial records and signed annual financial statements, showed that the payments in question were credited to the plaintiff's loan account and not to the Trust. The oral agreements relied upon by the plaintiff were void for non-compliance with section 2(1) of the Alienation of Land Act, and there was no corroborating evidence of enrichment at the plaintiff's expense. The plaintiff's loan claim was further undermined by…
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Grand Gaming Gauteng (RF) (Pty) Ltd v Rezanne Bakkes (2022/5914) [2025] ZAGPJHC 530 (7 May 2025)
The High Court granted absolution from the instance after finding the plaintiff had not proved disclosure, causation, or the quantum of damages in its contract claims.
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