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Moji v Road Accident Fund (028776/2024) [2025] ZAGPJHC 196 (31 January 2025)
The High Court held the Road Accident Fund 100% liable and awarded R524,400 for future loss of earnings, plus an undertaking for future medical expenses.
Motswai v Road Accident Fund (766/13) [2014] ZASCA 104; 2014 (6) SA 360 (SCA); [2014] 4 All SA 286 (SCA) (29 August 2014)
The Supreme Court of Appeal found that the high court's finding of fraud against the plaintiff's attorney was made without a proper hearing and without sufficient factual basis. The judge drew adverse inferences from documents and informal discussions in chambers, rather than from clear and convincing evidence presented in open court. The affidavits submitted by the attorneys and experts demonstrated that the alleged misrepresentation was a bona fide error, and that the conduct of the attorneys was reasonable in the circumstances. The adverse costs order and professional censure were therefor…
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