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Civil Procedure [2022] ZAECELLC 3

Kojana v Road Accident Fund (EL482/2021)

Kojana v Road Accident Fund (EL482/2021) [2022] ZAECELLC 3 (8 February 2022)

The court separated liability from quantum in a Road Accident Fund claim, found the Fund 100% liable on the plaintiff’s unchallenged evidence, and postponed quantum.

  • Road Accident Fund Claim
  • Default Judgment
  • Liability Separation
  • Apportionment Of Damages
  • Road-accident-fund
  • Default-judgment
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Delict [2019] ZAGPPHC 533

Phohu v Road Accident Fund (44691/2017)

Phohu v Road Accident Fund (44691/2017) [2019] ZAGPPHC 533 (16 October 2019)

The High Court held the Road Accident Fund liable after accepting the plaintiff’s version of a rear-end collision by an unidentified vehicle and rejecting material parts of the defence challenge.

  • Road Accident Fund Act
  • Negligence
  • Single Witness Rule
  • Liability Separation
  • Road-accident-fund
  • Single-witness-rule
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Delict [2019] ZAGPPHC 7

Mbokane v Road Accident Fund (2188/17)

Mbokane v Road Accident Fund (2188/17) [2019] ZAGPPHC 7 (31 January 2019)

The court held the Road Accident Fund 100% liable after finding the insured driver caused a collision by turning right into the plaintiff’s path at an unsafe moment.

  • Motor Vehicle Collision
  • Negligence
  • Contributory Negligence
  • Liability Separation
  • Duty Of Care
  • Motor-vehicle-collision
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Delict [2018] ZAFSHC 112

Van Rhyn v Road Accident Fund (4784/2016)

Van Rhyn v Road Accident Fund (4784/2016) [2018] ZAFSHC 112 (25 June 2018)

The High Court held the Road Accident Fund liable for 100% of the plaintiff’s proven damages after finding his version of the collision credible.

  • Road Accident Fund Act
  • Negligence
  • Single Witness Evidence
  • Liability Separation
  • Road-accident-fund
  • Single-witness-evidence
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Delict [2018] ZAGPPHC 518

Bambela and Another v National Director of Public Prosecutions (7179/2014)

Bambela and Another v National Director of Public Prosecutions (7179/2014) [2018] ZAGPPHC 518 (26 January 2018)

The High Court held the National Director of Public Prosecutions liable for malicious prosecution after finding no reasonable cause and malice in persisting with the case.

  • Malicious Prosecution
  • Liability Separation
  • Quantum Postponement
  • Malicious-prosecution
  • Civil-liability
  • Rule-33-4-separation-of-issues
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Delict [2017] ZAGPPHC 1171

Sekhoto v RAF (3898/ 2016)

Sekhoto v RAF (3898/ 2016) [2017] ZAGPPHC 1171 (5 September 2017)

The court held the Road Accident Fund liable after finding the insured driver negligent when a truck lurched and the plaintiff was crushed by its load bin.

  • Road Accident Fund Act
  • Negligence
  • Liability Separation
  • Compensation For Occupational Injuries
  • Expert Evidence
  • Road-accident-fund
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Delict [2017] ZAGPPHC 256

Van Rooyen N.O. OBO Viljoen v Road Accident Fund (2016/41654)

Van Rooyen N.O. OBO Viljoen v Road Accident Fund (2016/41654) [2017] ZAGPPHC 256 (1 June 2017)

The High Court held the Road Accident Fund 100% liable after finding the plaintiff proved that the insured driver’s negligence caused the motorcycle collision.

  • Road Accident Fund Act
  • Negligence
  • Motor Vehicle Collision
  • Liability Separation
  • Expert Evidence
  • Road-accident-fund
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Delict [2017] ZAGPPHC 237

Van Rooyen N.O. v Road Accident Fund (2016/41654)

Van Rooyen N.O. v Road Accident Fund (2016/41654) [2017] ZAGPPHC 237 (1 June 2017)

High Court Road Accident Fund liability trial: the court found the insured driver 100% liable after preferring the plaintiff’s version on probabilities.

  • Road Accident Fund Act
  • Negligence
  • Motor Vehicle Collision
  • Liability Separation
  • Burden Of Proof
  • Road-accident-fund
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Delict [2012] ZAGPJHC 238

Matsenjwa v Road Accident Fund (2011/22051)

Matsenjwa v Road Accident Fund (2011/22051) [2012] ZAGPJHC 238 (29 November 2012)

The High Court held the Road Accident Fund liable after a pedestrian was struck by an unidentified vehicle while returning to his parked car with warning triangles in place.

  • Road Accident Fund Act
  • Negligence
  • Hit And Run
  • Liability Separation
  • Factual And Legal Causation
  • Road-accident-fund
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