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South Africa Case Law

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Delict [2021] ZAMPMBHC 14

Ngobe v Road Accident Fund (3367/2018)

Ngobe v Road Accident Fund (3367/2018) [2021] ZAMPMBHC 14 (18 May 2021)

The court held the unidentified driver negligent for swerving into oncoming traffic, and found the plaintiff acted reasonably in a sudden emergency.

  • Road Accident Fund Act
  • Negligence
  • Emergency Situation
  • Unidentified Driver Liability
  • Road-accident-fund
  • Sudden-emergency
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Delict [2020] ZAGPPHC 87

Moloi v Road Accident Fund (84024/2016)

Moloi v Road Accident Fund (84024/2016) [2020] ZAGPPHC 87 (26 March 2020)

The High Court found the unidentified driver solely caused the accident and awarded the plaintiff 100% of proven or agreed damages, with quantum postponed.

  • Road Accident Fund Act
  • Negligence
  • Contributory Negligence
  • Admissions At Pretrial
  • Unidentified Driver Liability
  • Road-accident-fund
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Delict [2020] ZAGPPHC 216

Moloi v Road Accident Fund (84024/2016)

Moloi v Road Accident Fund (84024/2016) [2020] ZAGPPHC 216 (22 March 2020)

The High Court found the Road Accident Fund liable for 100% of the plaintiff’s proven or agreed damages after concluding the unidentified driver was solely negligent.

  • Road Accident Fund Act
  • Negligence
  • Contributory Negligence
  • Admissions At Pretrial
  • Unidentified Driver Liability
  • Road-accident-fund
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Delict [2020] ZAGPPHC 100

Kabini v Road Accident Fund (26209/2018)

Kabini v Road Accident Fund (26209/2018) [2020] ZAGPPHC 100 (19 February 2020)

The High Court held the Road Accident Fund 100% liable after accepting that an unidentified vehicle swerved into the plaintiff’s lane, causing evasive action and a crash.

  • Road Accident Claim
  • Negligence
  • Apportionment Of Damages
  • Unidentified Driver Liability
  • Road-accident-claim
  • Apportionment-of-damages
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Delict [2015] ZAGPPHC 911

Senosi v Road Accident Fund (59269/2014)

Senosi v Road Accident Fund (59269/2014) [2015] ZAGPPHC 911 (17 December 2015)

The court held the Road Accident Fund liable for 100% of the plaintiff’s proven damages after finding the accident was caused by an unidentified driver.

  • Road Accident Claim
  • Negligence
  • Unidentified Driver Liability
  • Absolution From The Instance
  • Road-accident-claim
  • Contributory-negligence
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Delict [2014] ZAGPPHC 305

Lombard v Road Accident Fund (60190/2012)

Lombard v Road Accident Fund (60190/2012) [2014] ZAGPPHC 305 (28 May 2014)

The High Court held the Road Accident Fund liable after an unidentified driver swerved into the plaintiff motorcyclist’s path, causing the collision and injuries.

  • Road Accident Fund Claim
  • Negligence
  • Unidentified Driver Liability
  • Personal Injury
  • Absolution From The Instance
  • Road-accident-fund
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