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South Africa decisions
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K.H.B obo L.B v Road Accident Fund (RAF574/23) [2025] ZANWHC 87 (22 May 2025)
The High Court dismissed the Road Accident Fund’s third special plea because it contradicted an unqualified admission in the plea over that the claim had been lodged.
Sayed N.O v Road Accident Fund (A327/2021) [2024] ZAGPPHC 333 (11 April 2024)
Appeal in a RAF claim: the High Court increased the award for future loss of earnings after finding the appellant suffered a severe brain injury.
Sherenisa and Others v Minister of Safety and Security and Another (2394/09) [2012] ZAFSHC 30 (1 March 2012)
The court held that the defendants are bound by the admissions made in their plea regarding the second defendant's responsibility and vicarious liability for the prosecution of the plaintiffs. Withdrawal of such admissions is not permissible without a substantive application and supporting affidavit explaining the circumstances. The defence of non-joinder or misjoinder is dilatory and must be raised before issue is joined, not at trial. As the proper procedures for amendment and joinder were not followed, and no substantive application was made, no finding of misjoinder or non-joinder can be…
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