South Africa Case Law

Seoleseng and Another v Road Accident Fund (72837/2014)

Seoleseng and Another v Road Accident Fund (72837/2014) [2016] ZAGPPHC 848 (15 September 2016)

Court

North Gauteng High Court, Pretoria

Case number

72837/2014

Judge

Fourie

The court found that the first plaintiff failed to establish a legally enforceable contractual duty of support between himself and the deceased. While he received financial support, the evidence did not demonstrate that the relationship created obligations worthy of legal protection. Therefore, the first plaintiff's claim for loss of support in his personal capacity was dismissed. The minor child's claim for loss of support was accepted, with agreed contingency deductions applied to the actuarial calculations. The defendant was ordered to pay the quantified amounts for past and future loss of…

Source excerpt

• Loss Of Support
• Dependants Action
• Contingency Deduction
• Contractual Duty Of Support

Paixao and Another v Road Accident Fund (05692/10)

Paixao and Another v Road Accident Fund (05692/10) [2011] ZAGPJHC 68 (1 July 2011)

Court

South Gauteng High Court, Johannesburg

Case number

05692/10

Judge

RS Mathopo

The High Court held that a cohabiting partner and her child could not claim loss of support from the Road Accident Fund on the facts proved.

• Loss Of Support
• Cohabitation Rights
• Contractual Duty Of Support
• Dependants Action
• Road Accident Fund Act
• Loss-of-support