South Africa: North Gauteng High Court, Pretoria

REPUBLIC OF SOUTH AFRICA

IN THE HIGH COURT OF SOUTH AFRICA,

GAUTENG DIVISION, PRETORIA

CASE NO: 2013/18635

DATE: 10 OCTOBER 2014

In the matter between:

JOLING, TEUNIS.........................................................................................................................PLAINTIFF

and

ROAD ACCIDENT FUND.......................................................................................................DEFENDANT

JUDGMENT

WRIGHT J

1. In this case the only remaining issues are the negligence or otherwise of the driver of a vehicle which collided with the plaintiff and the question of quantum. By agreement I postponed the question of quantum sine die.

2. Mr Joling, the plaintiff gave unchallenged evidence that he was riding his motorcycle on his correct side of the road when another vehicle overtook the vehicle in front of it. Both of these vehicles were driving in a direction opposite to that in which Mr Joling was riding. The overtaking vehicle, a taxi came onto Mr Joling’s side of the road. Mr Joling swerved unsuccessfully in an attempt to avoid a collision. The only inference is that the taxi driver was negligent. I find that the Fund is liable to pay to the plaintiff all the damages he proves as a result of the collision.

3. In my view the Fund should pay costs to date on this question on the attorney and client scale. This hearing was entirely unnecessary. Mr Potgieter for the defendant quite properly did not waste the court’s time.

Order:

1. I make an order in terms of the draft marked X.

GC WRIGHT J

JUDGE OF THE HIGH COURT,

GAUTENG DIVISION

On behalf of the Applicant:    Adv Horn

Instructed by:    De Broglio Inc

On behalf of the Respondent:    Adv Potgieter

Instructed by:    Sekati Monyane & Partners

Dates of Hearing:    10 October 2014

Date of Judgment:    10 October 2014