South Africa Case Law

Mills v Coetzee and Others (39881/14)

Mills v Coetzee and Others (39881/14) [2018] ZAGPPHC 965 (20 November 2018)

Court

North Gauteng High Court, Pretoria

Case number

39881/14

Judge

MNGQIBISA-THUSI

The court found the plaintiff and his witnesses to be credible and reliable, particularly regarding the second defendant's assault on the plaintiff. The evidence of the defendants and their witnesses was found to be unconvincing and appeared to be a rehearsed fabrication, especially the claim that Mr Pelser was solely responsible for the assault. The plaintiff's version was corroborated by independent witnesses, and the probabilities favoured his account. The court concluded that the second defendant assaulted the plaintiff and that the first defendant acted violently towards the plaintiff du…

Source excerpt

• Assault
• Liability For Injuries
• Onus Of Proof
• Mutually Destructive Versions

Berry and Another v SPE Security Patrol Experts and Another (2011 (4) SA 520 (GNP))

Berry and Another v SPE Security Patrol Experts and Another (2011 (4) SA 520 (GNP)) [2010] ZAGPPHC 260; 3211/10 (6 August 2010)

Court

North Gauteng High Court, Pretoria

Case number

3211/10

Judge

Goodey

The court held that a petrol-driven shuttle used at a hospital was a motor vehicle under the Road Accident Fund Act and upheld the first defendant’s special plea.

• Road Accident Fund Act
• Definition Of Motor Vehicle
• Special Plea
• Liability For Injuries
• Objective Test
• Public Policy