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South Africa decisions
Decisions matching the current search
Tekete and Others v Minister of Safety and Security (8042/2007) [2024] ZAWCHC 143 (7 May 2024)
High Court quantum judgment on loss of support after the fatal shooting of the plaintiffs’ husband and father, with income, dependency and contingencies determined.
L.C.W and Others v Road Accident Fund (2019/15424) [2024] ZAGPJHC 348 (9 April 2024)
High Court damages judgment on loss of support against the RAF, fixing the deceased’s probable income at R85,000 per month and applying contingency deductions.
Kekana obo Motshwaede v Road Accident Fund (2019/26724) [2023] ZAGPJHC 495 (16 May 2023)
High Court RAF loss-of-support claim upheld; the court found negligence by the insured driver and awarded damages to the plaintiff and minor child.
T.L and Others v L.V (84635/2017) [2020] ZAGPPHC 805 (27 November 2020)
The court found that the plaintiffs had suffered a loss of support due to the death of the deceased. Although the plaintiffs relied on bank statements to demonstrate the deceased's income, the court held that the tax returns reflected income earned in South Africa and that salary payments from Swaziland, as shown in the bank statements, should also be considered as income. The court ruled that only amounts explicitly described as salary in the bank statements from Swaziland should be added to the tax return figures. The court exercised its discretion to reduce the retirement age for calculati…
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Kriek v Road Accident Fund (529/2019) [2020] ZAFSHC 42 (5 March 2020)
The court found that the plaintiff and the deceased lived together as life partners in a relationship akin to marriage for nearly seven years, reciprocally maintaining each other and operating as a family unit. The evidence, largely uncontested and corroborated by the deceased's family, established a tacit agreement to support. The court held that the dependants' action extends to cohabiting partners where a legally enforceable duty of support exists, and that the plaintiff had proven such a duty on a balance of probabilities. In quantifying damages, the court accepted actuarial calculations…
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FH obo L and M v Road Accident Fund (66910/2017) [2019] ZAGPPHC 1095 (17 September 2019)
The court awarded loss-of-support damages after finding the children would likely remain dependent until completing Honours degrees, and accepted the plaintiff’s proven income.
Pienaar and Another v Road Accident Fund (74727/15) [2018] ZAGPPHC 665 (3 September 2018)
High Court ruling on loss of support after a fatal motor vehicle accident, addressing the widow’s pension contributions, contingencies, and quantum.
L D v Road Accident Fund (14606/2016) [2018] ZAGPPHC 181 (5 February 2018)
The court found that the deceased had undertaken and fulfilled a duty of support towards the plaintiff's minor child, L, both by conduct and explicit promise at the marriage ceremony. This duty was not precluded by the existence of a biological father who also contributed to support. The court held that the defendant is liable to compensate L for loss of support, limited to actual loss suffered. Regarding quantum, the court rejected the application of outdated actuarial statistics for remarriage contingencies, finding them constitutionally and socially inappropriate. The court accepted the pa…
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Esterhuizen and Others v Road Accident Fund (26180/2014) [2016] ZAGPPHC 1221; 2017 (4) SA 461 (GP) (6 December 2016)
The High Court set a 27% remarriage contingency in a loss of support claim, rejecting both the plaintiff’s 20% and the defendant’s 39% proposals.
R.B.E v Road Accident Fund (20179/2013) [2014] ZAGPPHC 987 (15 December 2014)
High Court decision on loss of support after a fatal road accident, fixing remarriage contingency, accepting Deloitte actuarial figures, and awarding damages plus funeral expenses.
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