South Africa Case Law

Sibiya v Road Accident Fund (543/2024)

Sibiya v Road Accident Fund (543/2024) [2025] ZAMPMHC 29 (9 April 2025)

Court

Middelburg High Court, Mpumalanga

Case number

543/2024

Judge

Langa

The court found that the defendant's plea, though brief, was sufficient to put the issue of past medical expenses in dispute and did not amount to a bare denial. On the substantive issue, the court held that payments made by a medical aid scheme to discharge its contractual obligations to its member are res inter alios acta and do not benefit third parties such as the Road Accident Fund. The court relied on the Supreme Court of Appeal's decision in Bane and Others v D’Ambrosi, which confirmed that medical aid scheme benefits are not deductible from claims for past medical expenses. The court…

Source excerpt

• Road Accident Fund Act
• Past Medical Expenses
• Collateral Source Rule
• Unjust Enrichment
• Pleadings And Particularity

Marumo and Another v R & T Brokers and Another (3910/2018)

Marumo and Another v R & T Brokers and Another (3910/2018) [2021] ZAFSHC 49 (25 February 2021)

Court

Free State High Court, Bloemfontein

Case number

3910/2018

Judge

P.E. Molitsoane

The High Court granted absolution from the instance after finding the plaintiffs failed to prove damages as pleaded, because the vehicle had in fact been repaired.

• Duty Of Care
• Negligence
• Pleadings And Particularity
• Quantum Of Damages
• Absolution-from-the-instance
• Quantum-of-damages