High Court of South Africa Eastern Cape, Port Elizabeth - 2026

3 judgments
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3 judgments
Citation
Judgment date
February 2026
Application to separate liability from quantum refused due to interlinked causation issues and likely duplication of evidence.
Civil procedure — Rule 33(4) separation of issues — convenience and fairness — separation inappropriate where liability and quantum (causation) are interlinked — risk of duplicative evidence — application dismissed.
5 February 2026
A defendant cannot withdraw expert joint-minute admissions late without clear, timeous repudiation and good cause.
Expert evidence — joint minute — agreed facts — authority of experts — repudiation requires clear, timeous notice and good cause — prejudice to other party — costs on scale C.
3 February 2026
January 2026
The court found the respondent negligent based on skid marks and apportioned liability 80% respondent, 20% applicant.
Road Accident Fund — motor collision — negligence and onus — skid marks and photographic evidence as objective proof — contributory negligence — apportionment of damages 80/20.
29 January 2026