Krawa v Road Accident Fund (390/2006) [2010] ZAECGHC 57; 2010 (6) SA 550 (ECG) (20 May 2010)

Krawa v Road Accident Fund (390/2006) [2010] ZAECGHC 57; 2010 (6) SA 550 (ECG) (20 May 2010)

The court held that the defendant's concession of the merits, as recorded in the pre-trial minute, disposed of all aspects of the plaintiff's claim except for quantum. The proposed amendments sought to reopen issues relating to the merits, which had already been compromised. The absence of a court order reflecting the concession did not alter the effect of the compromise, which operates as res judicata. The court found it had no power to grant amendments relating to the merits after such a compromise, and dismissed the defendant's application for leave to amend its plea.

Citation
[2010] ZAECGHC 57
Parties
Plaintiff: Ntsikelelo Krawa obo T K and B K; Defendant: Road Accident Fund
Court
Eastern Cape High Court, Grahamstown
Jurisdiction
South Africa
Judgment Date
20 May 2010
Case Number
390/2006
Procedural Posture
Civil Application / Application for Leave to Amend Plea
Outcome
Defendant's application for leave to amend its plea dismissed with costs.
Judges
Bloem
Legal Topics
Amendment of Pleadings, Compromise and Settlement, Loss of Support, Locus Standi
Civil Procedure Amendment of Pleadings Compromise and Settlement Loss of Support Locus Standi

Case Brief

Summary, issues, holding and outcome

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Parties

Ntsikelelo Krawa obo T K and B K

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Application / Application for Leave to Amend Plea

Legal Issues

  1. 1 Whether the defendant may amend its plea after conceding the merits of the plaintiff's claim.
  2. 2 Whether the proposed amendments relate to the quantum or the merits of the plaintiff's claim.
  3. 3 Whether a compromise on the merits precludes further amendment of pleadings on those merits.

Ratio Decidendi

The court held that the defendant's concession of the merits, as recorded in the pre-trial minute, disposed of all aspects of the plaintiff's claim except for quantum. The proposed amendments sought to reopen issues relating to the merits, which had already been compromised. The absence of a court order reflecting the concession did not alter the effect of the compromise, which operates as res judicata. The court found it had no power to grant amendments relating to the merits after such a compromise, and dismissed the defendant's application for leave to amend its plea.

Court Disposition

Defendant's application for leave to amend its plea dismissed with costs.

Orders

  • The defendant's application for leave to amend its plea is dismissed with costs.
  • The defendant is liable to pay the plaintiff's wasted costs occasioned by the postponement of the action on 29 April 2010 on the scale as between party and party, including the travelling and accommodation expenses of the plaintiff's attorney and counsel to attend court on 29 April 2010.