2024–adj
2025-09-03
2 JUDGMENT
basis of a l i fe i n su ran ce policy over the deceased .
Old Mutual al leges that there i s no proof of death
and accordingl y i t di spu tes the death which i s the basis
upon which the death en ti tlement is claimed f rom Old
Mutual.
Fu rthermore, there are also di sputes in relati on to whether
proper and t rue i nf ormati on was provided by the appli cant in
rel ation to her compl eti on of the form when she took out the
i n su ran ce policy in issue.
10 The exi sten ce of the disputes of fact ha ve been
clear since the an sw eri n g affidavit was f i led.
In these ci rcu mstances, to my mind, the applicant should
not have persi sted with the appli cati on . The di sputes are
i r resolubl e on paper and this has been clear f rom the f i l ing
of the an sw eri n g af f i davi t.
There i s a ju ri sdi cti onal point rai sed which I am not
going to deal with in l ight of the other overwhel ming aspects
which relate to the matter. I also do not want to preju dge i t
on the basis that there may be a f u rther process f i led in the
20 matter.
In these ci rcu mstances the appli cation i s di smisse d
with costs on the basis that there is a di spute of fact with
costs on scale B.