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South Africa decisions
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Mzayiya v Road Accident Fund (480/2020) [2020] ZAECELLC 15; [2021] 1 All SA 517 (ECL) (17 September 2020)
The court struck a Road Accident Fund default judgment application from the roll after finding repeated misstatements about the accident date and serious affidavit irregularities.
Teichmann Structures (Pty) Ltd v Hollard Insurance Company Ltd and Another (24233/18) [2018] ZAGPJHC 569 (19 October 2018)
The applicant failed to prove that the outstanding amount of R2,129,876.62 was unrelated to the Advance Payment Guarantee and instead linked to an unsecured loan. The documents relied upon by the applicant, including IPC 13 and De Waal's email, did not support its version when read in context. The evidence showed that all advance payments were treated the same and recouped under the contract, with no distinction between secured and unsecured advances. The applicant's reliance on selective documentation and failure to provide proof of implementation of IPC 13 undermined its case. The court fou…
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Radebe v Road Accident Fund and Another (1897/2008) [2015] ZAFSHC 139 (9 July 2015)
The court dismissed the Road Accident Fund’s special plea, finding insufficient proof that the plaintiff had mandated attorneys to settle her claim.
Govender v New National Assurance Company Ltd (1737/2008) [2013] ZAKZDHC 34 (5 July 2013)
The High Court dismissed the insured plaintiff’s claim after finding that the alleged motor-vehicle hijacking did not occur on the evidence.
Lloyds of London C/O Lloyds of South Africa v Baran Transport CC (18463/2010) [2012] ZAGPJHC 298 (16 October 2012)
The High Court dismissed an insurer’s claim to recover a payout, finding it failed to prove the driver was drunk or that the claim form was fraudulently completed.
Lloyds of London c/o Lloyds of South Africa v Baran Transport CC (18463/2010) [2012] ZAGPJHC 191 (16 October 2012)
Insurer failed to prove intoxication or fraud and its claim for repayment was dismissed with costs.
Road Accident Fund v Phillips (4701/2006) [2011] ZAFSHC 87 (23 June 2011)
The court dismissed the Road Accident Fund’s bid to rescind a default judgment, finding no adequate explanation for the default and no bona fide defence.
Buffalo City Municipality v Zinala Information Technologies and Communication System CC (179/2009) [2010] ZAECGHC 108 (12 November 2010)
The court ordered Zinala to repay R880 654,12 after finding the payment to have been made without cause and rejecting the alleged services and tender.
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