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South Africa decisions
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Mdunjana v Road Accident Fund (2402/2023) [2024] ZAFSHC 395 (10 December 2024)
The court struck a default judgment application from the roll for procedural defects, including improper service, incorrect dies induciae, and inadequate evidence.
K v Road Accident Fund (3996/2013) [2016] ZAFSHC 181 (27 October 2016)
The High Court held that the deceased owed the plaintiff a legal duty of support in a permanent life partnership, awarding damages under the Road Accident Fund Act.
Mosiapoa v Tikane (CA 12/2009) [2010] ZANWHC 47 (18 June 2010)
The court found that the driver of the minibus was negligent in failing to reduce speed and keep a proper lookout when approaching the donkey-cart. The evidence established that the donkey-cart did not swerve and that the collision occurred from behind. The driver maintained a speed of 100km/h and did not take reasonable steps to avoid the collision, such as slowing down or allowing sufficient clearance. Applying the reasonable driver standard, the court concluded that the driver should have foreseen the risk and acted to prevent harm. The appeal was dismissed, and the Magistrate's finding of…
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Letlape v Road Accident Fund (207/06) [2007] ZANWHC 44 (23 August 2007)
The court ordered the Road Accident Fund to pay half the educational psychologist’s fees after finding much of the report unnecessary, save for limited support evidence.
Fosi v Road Accident Fund (1934/2005) [2007] ZAWCHC 8; 2008 (3) SA 560 (C); (21 February 2007)
The court found that the plaintiff was indigent and depended on her deceased son's monthly financial support for basic necessities. The evidence established that the deceased had a legal duty to maintain his mother under both common law and African customary law. The court held that customary law is constitutionally recognized and must be applied where appropriate, and that the Road Accident Fund is liable for the loss of maintenance suffered by the plaintiff due to the wrongful death of her son. The plaintiff's own income and sporadic support from other sources were insufficient to meet her…
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