Manganye NO v Road Accident Fund (Leave to Appeal) (3488/2016) [2025] ZALMPPHC 183 (25 September 2025)

35 Reportability
Personal Injury Law - Medical Negligence

Brief Summary

Appeal — Leave to appeal — Application for leave to appeal dismissed — Applicant failed to demonstrate actual loss of earning capacity post-retirement — Court found no reasonable prospect of success on appeal or compelling reason for the appeal to be heard — Leave to appeal refused with costs.

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have earned any other form of income sim ilar in value to the income that he earned
w hilst being employed.
[14] The Applicant therefore has no claim for loss of earning capacity for the period after
retirement and up to the date of the passing of the Deceased as no actual loss or
reduction in income w as experienced directly resulting from his injuries.
[15] This Court therefore do not foresee any reasonable prospect of success on Appeal,
nor is there any compelling reason for the Appea l to be heard.
[16] Leave to appeal m ust accordingly be refused.
Order:
[17] In the result the following order is m ade:
17.1 Leave to appe al is dismissed with costs including costs to coun sel on
Scale A.
M BRESLER
A C TING JUDGE OF THE HIGH COURT ,
LIMPOPO DIVISION, POLOKWANE