The Supreme Court of Appeal dealt with a Road Accident Fund loss of support claim arising from a fatal motor vehicle collision. It held that the high court had gone beyond the issues that were pleaded and tried when it decided the matter on the basis of the deceased’s alleged unlawful income, and it remitted the matter for quantum to be considered afresh.
This may be relevant to delict and Road Accident Fund matters where loss of support is assessed and the issues at trial are in dispute.
Evidence from source
the high court erred in pronouncing on it. The plaintiff further contended that the high court erred in failing to recognise her claim for loss of support solely on the basis that she had failed to demonstrate that the deceased earned any i
Supports: Summary claim that the appeal concerned the high court dealing with unlawful income in a loss of support claim.
It was thus impermissible for the high court, of its own accord, to extend its enquiry to an issue that had neither been pleaded nor traversed at the trial.
Supports: Summary claim that the court went beyond the pleaded and tried issues.
The matter is remitted to the high court (differently constituted) to consider the quantum.
Supports: Summary claim that the matter was remitted for quantum to be considered afresh.