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South Africa decisions
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Molokwe v Road Accident Fund (2023/7522) [2024] ZAGPJHC 582 (19 June 2024)
The High Court dismissed a default judgment application against the Road Accident Fund after finding the plaintiff’s accident version and statutory compliance were unreliable.
Louis v Road Accident Fund (23724/2018) [2022] ZAGPJHC 12 (10 January 2022)
The court dismissed a Road Accident Fund claim on liability because the plaintiff’s evidence was brief, inconsistent, and unsupported by corroborating proof.
Kekana v Road Accident Fund (2008/16641) [2010] ZAGPJHC 12 (18 March 2010)
The court found the plaintiff's evidence credible and consistent, supported by the accident report and police docket. The plaintiff proved, on a balance of probabilities, that the accident occurred as alleged and that his injuries resulted from the negligent driving of the unidentified BMW driver. There was physical contact between the vehicles, satisfying the statutory requirements for a claim against the Road Accident Fund. The defendant's denial and allegations of fraud were unsupported by evidence. The plaintiff discharged the onus of proof, and the defendant is liable for damages arising…
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