Court : South Africa Supreme Court of Appeal
..... lord greene m r in bidie v general accident fire and life assurance corporation limited [1949] 1 ch 121 at 129 said the following: the first thing to be done, i think, in construing particular words in a section of an act of parliament is not to take those words in vacuo, so to speak, and .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... he gave instructions for letters to this effect to be drafted but before they could be signed by him, mishap struck when he was involved in a motor accident which resulted in him taking sick leave for six weeks. .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... ] zasca 112; 2007 (3) sa 266 (sca) paras 52 et seq; hos and med medical aid scheme v thebe ya bophelo healthcare marketing and consulting (pty) ltd [2007] zasca 163; 2008 (2) sa 608 (sca) paras 28 et seq; road accident fund v cloete no 2010 (6) sa 120 (sca) para 36). .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... [69] in relation to the reception of hearsay evidence in general, the constitutional court in molimi referred to the decision of this court in makhathini v road accident fund 2002 (1) sa 511 (sca) with apparent approval, stating the following at para 35: in comparison to the common law the act allows a more nuanced approach to the admission of hearsay evidence. ..... as the supreme court of appeal stated in makhathini v road accident fund, in the application of the act in the context of a civil case, the act requires the court to take a contextual approach. .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... section 25 of that act required that before action could be instituted against an authorized insurer for damages suffered as a result of a motor accident, the plaintiff had to send a claim in the prescribed form setting out the nature of the bodily injuries suffered, medical reports and various other details to the insurer. .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... [29] the problems of limitation thus arising are reminiscent of those referred to by schreiner ja in union government v ocean accident and guarantee corporation ltd 1956 (1) sa 577 (a) at 585b-d. .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... ., 1-3 para 1.2 and the authorities there cited, especially road accident fund v mdeyide 2011 (2) sa 26 .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... , johannesburg on multiple charges including one count of murder, read with the provisions of s 51(2) of the criminal law amendment act 105 of 1997; reckless or negligent driving of a motor vehicle; failure to stop his vehicle after an accident; failure to ascertain the nature of the injury sustained by any person(s) and failure to render such assistance to the injured person(s); as he was capable of rendering. ..... statement, the appellant admitted all the essential allegations against him, his only defence being that he did not stop after the two accidents because of fear for his life as the people around the scene threatened to attack him. ..... some time, lulu was alerted to an article which had appeared in the daily sun newspaper which carried a report about the accident and which apparently had the details of a police officer called owen who could be contacted. ..... that he never instructed his counsel to deny that he was the driver of the taxi which caused the accident as he had admitted this in his warning statement. ..... he handed into court the accident investigation report which contains some photographs of the scene and the taxi involved in the accident as well as a sketch-plan with some measurements as ..... crucially, she testified that after the accident, she went after this vehicle and recorded its registration number in her ..... state then called sergeant joseph david du plessis, who is the officer from the johannesburg metropolitan police who attended the scene of the accident on the same day. .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... this allegation was made on the basis of two complaints that the appellant had settled claims against the road accident fund (the fund) but not accounted fully and properly to his clients for the proceeds of those claims. .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... [17] sa rail had placed in issue the allegation made by mr morare that at the time of the accident he was in possession of a valid train ticket. ..... mr louw, counsel representing sa rail, however, agreed when questioned by the court of first instance that this is a generic term used for an accident. .....
Tag this Judgment!