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South Africa decisions
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Makanda and Others v Mosotho and Others (4153/2016) [2018] ZAFSHC 7 (9 February 2018)
The High Court dismissed a motion-procedure objection but upheld non-joinder, holding that shareholders had a direct and substantial interest in a delinquency application.
Seef C L obo Devon and Aonther v Road Accident Fund (2011/31448) [2014] ZAGPJHC 159 (16 May 2014)
The High Court held the Road Accident Fund liable for dependents’ damages arising from a collision caused by a reckless third-party driver, with quantum reserved.
Avenant v Els (235/2011) [2012] ZAECPEHC 62 (6 September 2012)
High Court motor collision case dismissing the plaintiff’s claim after finding his wife drove at excessive speed and the defendant was not contributorily negligent.
owners of the MV 'Banglar Mookh' v Transnet Ltd (842/2011) [2012] ZASCA 57; 2012 (4) SA 300 (SCA); [2012] 3 All SA 632 (SCA) (30 March 2012)
The Supreme Court of Appeal found that the trial judge misdirected himself by relying unduly on demeanour and expert reconstruction based on imperfect data, and by failing to give proper weight to contemporaneous statements and the wider probabilities. Upon a fresh assessment of the record, the court held that the pilot's version was supported by the probabilities and should not have been rejected. The evidence did not establish gross negligence or recklessness on the part of the pilot, and thus the statutory exemption from liability applied. The respondent's failure to retain the VTS records…
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