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Civil Procedure [2018] ZAGPPHC 830

Jacobs v Road Accident Fund (21427/2017)

Jacobs v Road Accident Fund (21427/2017) [2018] ZAGPPHC 830; 2019 (2) SA 275 (GP) (23 November 2018)

The court found that the plaintiff and the deceased were in a long-term cohabitation relationship characterized by reciprocal duties of support, with the deceased maintaining the plaintiff and her minor children. The evidence established a tacit agreement to support, and the deceased had promised to marry the plaintiff once his divorce was finalized. The court held that the duty of support was legally enforceable and that public policy, as reflected in the Constitution, requires protection of dependents in relationships akin to marriage. The court rejected the defendant's argument that only f…

  • Loss Of Support
  • Cohabitation Rights
  • Road Accident Fund Act
  • Duty Of Support
  • Constitutional Non Discrimination
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