Manabile v Road Accident Fund (75061/2009) [2012] ZAGPPHC 33 (17 February 2012)

Manabile v Road Accident Fund (75061/2009) [2012] ZAGPPHC 33 (17 February 2012)

The court found that the parties had reached agreement on the amendment of the costs and consequential orders following the judgment delivered on 31 January 2012. The plaintiff's attorney submitted written confirmation of the agreement, which was corroborated by the defendant's attorney. The court held that there was no reason not to replace the original orders with the agreed draft order, which included payment of the capital amount, delivery of an undertaking for future medical expenses in terms of section 17(4)(a) of the Road Accident Fund Act, and payment of party-and-party costs. The order also provided for interest in the event of late payment. The court accordingly replaced the...

Citation
[2012] ZAGPPHC 33
Parties
Plaintiff: Mmancha Daniel Manabile; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
17 February 2012
Case Number
75061/2009
Procedural Posture
Civil Trial / Post Judgment Amendment of Orders
Outcome
The original orders made on 31 January 2012 are replaced by the agreed draft order as set out in the judgment.
Judges
Southwood
Legal Topics
Road Accident Fund Act, Quantification of Damages, Costs Order, Future Medical Expenses, Interest on Judgment Debt
Civil Procedure Delict Road Accident Fund Act Quantification of Damages Costs Order Future Medical Expenses Interest on Judgment Debt

Case Brief

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Parties

Mmancha Daniel Manabile

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Post Judgment Amendment of Orders

Legal Issues

  1. 1 Whether the original orders should be amended to reflect the parties' agreement on costs and consequential orders.
  2. 2 Whether the defendant is liable for payment of the agreed capital amount and future medical expenses under section 17(4)(a) of the Road Accident Fund Act.
  3. 3 Whether interest and costs should be awarded as per the parties' agreement.

Ratio Decidendi

The court found that the parties had reached agreement on the amendment of the costs and consequential orders following the judgment delivered on 31 January 2012. The plaintiff's attorney submitted written confirmation of the agreement, which was corroborated by the defendant's attorney. The court held that there was no reason not to replace the original orders with the agreed draft order, which included payment of the capital amount, delivery of an undertaking for future medical expenses in terms of section 17(4)(a) of the Road Accident Fund Act, and payment of party-and-party costs. The order also provided for interest in the event of late payment. The court accordingly replaced the...

Court Disposition

The original orders made on 31 January 2012 are replaced by the agreed draft order as set out in the judgment.

Orders

  • The defendant is to pay the plaintiff the amount of R690,446.00 into the trust account of Gildenhuys Lessing Malatji Incorporated within 14 days of the order.
  • Should the defendant fail to pay within 14 days, interest at 15.5% per annum will accrue from the 15th day until final payment.