K.C.M v Grobler Vorster Incorporated (1059/2012)
K.C.M v Grobler Vorster Incorporated (1059/2012) [2014] ZANWHC 39 (11 September 2014)
The court found that the plaintiff's claim against the defendant for professional negligence is not premature. The plaintiff is entitled to elect her cause of action and pursue damages against the attorneys for breach of contract and professional negligence, without first applying to set aside the settlement agreement with the Road Accident Fund. There is no legal basis or exceptional circumstance warranting a stay or dismissal of the proceedings. The best interests of the minor child remain paramount, but the plaintiff's constitutional right to litigate and choose her remedy cannot be limite…
Source excerpt
- Professional Negligence
- Road Accident Fund Claims
- Best Interests Of Child
- Restitutio In Integrum
- Premature Action
- Constitutional Right To Litigate