Mdunjana v Road Accident Fund (2402/2023) [2024] ZAFSHC 395 (10 December 2024)

Mdunjana v Road Accident Fund (2402/2023) [2024] ZAFSHC 395 (10 December 2024)

The application for default judgment was procedurally defective. The applicant's attorney failed to appoint a local correspondent within the required proximity to the court and did not provide the correct dies induciae for the respondent to defend, as mandated by the Superior Courts Act. The evidence presented was insufficient, as the applicant was not an eyewitness and did not indicate any witnesses who could testify to the facts of the collision. The respondent served a notice of intention to defend prior to the hearing, and the court was not satisfied that the requirements for default judgment were met. Accordingly, the matter was struck from the roll with no order as to costs.

Citation
[2024] ZAFSHC 395
Parties
Applicant: Khanyisile Mdunjana; Respondent: Road Accident Fund
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
10 December 2024
Case Number
2402/2023
Procedural Posture
Default Judgment Application / Unopposed Motion Court; Application Struck From Roll
Outcome
Application for default judgment struck from the roll with no order as to costs.
Judges
JP Daffue
Legal Topics
Default Judgment, Service of Process, Loss of Maintenance, Customary Law Marriage
Civil Procedure Land and Property Default Judgment Service of Process Loss of Maintenance Customary Law Marriage

Case Brief

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Parties

Khanyisile Mdunjana

Applicant

Road Accident Fund

Respondent

Procedural Posture

Default Judgment Application / Unopposed Motion Court; Application Struck From Roll

Legal Issues

  1. 1 Whether the application for default judgment complied with the Uniform Rules of Court regarding service and appointment of a local correspondent.
  2. 2 Whether the dies induciae provided to the respondent was correct under the Superior Courts Act.
  3. 3 Whether the evidence presented by the applicant was sufficient to support a default judgment for damages.

Ratio Decidendi

The application for default judgment was procedurally defective. The applicant's attorney failed to appoint a local correspondent within the required proximity to the court and did not provide the correct dies induciae for the respondent to defend, as mandated by the Superior Courts Act. The evidence presented was insufficient, as the applicant was not an eyewitness and did not indicate any witnesses who could testify to the facts of the collision. The respondent served a notice of intention to defend prior to the hearing, and the court was not satisfied that the requirements for default judgment were met. Accordingly, the matter was struck from the roll with no order as to costs.

Court Disposition

Application for default judgment struck from the roll with no order as to costs.

Orders

  • The application for default judgment is struck from the roll.
  • No order as to costs.