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South Africa decisions
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R.M obo V v Road Accident Fund (A40/2022; 2729/2018) [2025] ZAMPMBHC 50 (6 June 2025)
Appeal upheld in a Road Accident Fund claim for a minor’s future loss of earning capacity, after the High Court found the trial court erred on unpleaded issues and expert evidence.
Reiners and Others Die Pinkster Protestante Kerk and Another (A774/2016, 83902/2014) [2018] ZAGPPHC 354 (9 May 2018)
The High Court upheld an appeal against an order setting aside property transfers, holding that the court a quo decided the case on an unpleaded Alienation of Land Act issue.
Herman Stols Rekenmeesters BK v Rademeyer (A266/14) [2016] ZAGPPHC 464 (15 March 2016)
The High Court overturned absolution from the instance, holding the appellant had shown prima facie evidence that its professional fees were reasonable.
Minister of Safety and Security v Slabbert (668/2009) [2009] ZASCA 163; [2010] 2 All SA 474 (SCA) (30 November 2009)
The Supreme Court of Appeal held that the trial court erred by deciding liability on an issue not pleaded or fully canvassed at trial, namely the lawfulness of continued detention after the plaintiff's wife's request for release. The pleadings and evidence focused on whether the arrest and detention were justified on the basis that the plaintiff was drunk and disorderly, not on the subsequent refusal to release him. There was insufficient evidence to support the finding that the plaintiff was calm and submissive or that his wife could ensure his welfare. The police practice of detaining suspe…
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