Law of Damages
1. Founding Affidavit
2. Supporting Affidavit
Jan/Feb 2022
Written by
Camecia Cass
BUY ME TO VIEW THE REST OF THE
ANSWER.
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IN THE HIGH COURT OF SOUTH AFRICA
, TRANSVAAL PROVINCIAL DIVISION
Case Nr. 10/200
In the ex parte application of:
Ms Lerato Lethabo Applicant
in re:
Mr Tebogo Moloi Deceased
(hereinafter referred to as “the deceased”)
for the widow’s compensation in the form of loss of support
_____________________________________________________________________________
FOUNDING AFFIDAVIT
_____________________________________________________________________________
I, the undersigned
Lerato Lethabo
hereby make oath and declare as follows:
1.
1.1 I am the applicant in this matter, an unemployed adult female born on 02 February
1970, resident at 20 Greer Street, Alexandre, Johannesburg.
1.2 The facts mentioned herein fall within my personal knowledge and are true and correct.
2.
2.1 I was life partner to the deceased, Tebogo Moloi, identity number 650329 0387 08 8 as
confirmation thereof I attach copy of proof of a life partnership or cohabitation agreement
whereby various duties and obligations of the relationship and the consequences that follow upon
termination of the partnership is set out in annexure AA.
2.2 At the time of Mr Tebogo’s death I was resident at the same address as the deceased.
2.3 I am domiciled within the jurisdiction of the above Honourable Court.
3
The Respondent is Malcom Mutual Insurance (MMI), a company duly registered and
incorporated according to law, and having its registered head office and principal place of
business within this court's jurisdiction at [address].
4
BACKGROUND:
4.1 Ms Lerato Lethabo lived with her boyfriend Mr Tebogo Moloi in Alexandre, North of Johannesburg
for over 10 years until his demise on 15 November 2020.
4.2 Ms Lerato Lethabo I lived with her boyfriend Mr Tebogo Moloi as his life partner and was dependant
on him at the time of his death.
4.3 Mr Tebogo was working as a crane driver for QQ Steel holdings at the time of his death.