South Africa Case Law

Mopani Civils (Pty) Ltd v Le Roux NO and Others (Application for Leave to Appeal) (JR362/23)

Mopani Civils (Pty) Ltd v Le Roux NO and Others (Application for Leave to Appeal) (JR362/23) [2025] ZALCJHB 138 (12 March 2025)

Court

Labour Court Johannesburg

Case number

JR362/23

Judge

M Makhura

The Labour Court dismissed Mopani Civils’ unopposed application for leave to appeal, finding no reasonable prospect of success and no other compelling reason to hear it.

• Leave To Appeal
• Review Of Arbitration Award
• Test For Reasonableness
• Postponement Of Arbitration
• Uncontested Evidence
• Leave-to-appeal

Mitchell v Road Accident Fund (90314/2019)

Mitchell v Road Accident Fund (90314/2019) [2024] ZAGPPHC 733 (5 June 2024)

Court

North Gauteng High Court, Pretoria

Case number

90314/2019

Judge

C Marumoagae

The High Court granted leave to appeal in a Road Accident Fund matter, finding that contradictory versions of the accident and procedural issues may justify appellate reconsideration.

• Leave To Appeal
• Road Accident Claim
• Quantum Of Damages
• Liability Determination
• Uncontested Evidence
• Constitutional Fair Trial Right

K.M v Road Accident Fund (35419/2019)

K.M v Road Accident Fund (35419/2019) [2024] ZAGPPHC 718 (5 June 2024)

Court

North Gauteng High Court, Pretoria

Case number

35419/2019

Judge

C Marumoagae

The court found that the existence of contradictory versions regarding the cause of the accident, which were not put to the applicant during her testimony, constitutes a compelling reason to grant leave to appeal. The applicant was not confronted with the inconsistencies between her oral evidence and the particulars of claim, and this procedural irregularity may have affected the outcome. The possibility exists that another court could reach a different conclusion regarding liability and quantum. Accordingly, leave to appeal is granted to the Full Court of the Gauteng Division, Pretoria.

Source excerpt

• Leave To Appeal
• Road Accident Claim
• Quantum Of Damages
• Liability Determination
• Uncontested Evidence

Thebe v Road Accident Fund (373/2017)

Thebe v Road Accident Fund (373/2017) [2021] ZAGPPHC 505 (12 August 2021)

Court

North Gauteng High Court, Pretoria

Case number

373/2017

Judge

N. Erasmus

The court found that, although the applicant did not expressly address the higher test for leave to appeal under section 17(1) of the Superior Courts Act, the merits of the application warranted consideration. Upon review of the grounds for appeal and the evidence, the court concluded that another court could reasonably come to a different decision regarding the application of the Road Accident Fund Act and the test for absolution from the instance. The court noted the reliance on uncontested evidence and the medico-legal report, as well as the precedent set in Pillay v Santam Insurance Co Lt…

Source excerpt

• Absolution From The Instance
• Road Accident Fund Act
• Causation
• Leave To Appeal
• Negligence
• Uncontested Evidence

Shoprite Checkers (Pty) Ltd v Riba and Another (64252/11)

Shoprite Checkers (Pty) Ltd v Riba and Another (64252/11) [2014] ZAGPPHC 980 (12 December 2014)

Court

North Gauteng High Court, Pretoria

Case number

64252/11

Judge

M.W. Msimeki

High Court judgment holding the first defendant vicariously liable for a taxi collision that damaged the plaintiff's truck, and awarding proven repair and towing damages.

• Vicarious Liability
• Motor Vehicle Collision
• Quantum Of Damages
• Uncontested Evidence
• Vicarious-liability
• Motor-vehicle-collision