Ntoko v Road Accident Fund (2024/073741) [2024] ZAGPJHC 1042 (16 October 2024)

Ntoko v Road Accident Fund (2024/073741) [2024] ZAGPJHC 1042 (16 October 2024)

The court held that the filing of a Notice of Intention to Amend does not automatically lift a Notice of Bar. A party under bar must bring a substantive application to have the bar lifted in terms of Rule 27 of the Uniform Rules of Court. The authorities relied upon by the defendant did not address the lifting of a bar, and in those cases, pleadings had closed and no bar was in place. In the present matter, the defendant failed to file a plea and was placed under bar. The defendant did not apply for the bar to be lifted or for condonation, but instead relied on an incorrect proposition regarding amendment. The court found that the prescribed procedure was not followed and dismissed both...

Citation
[2024] ZAGPJHC 1042
Parties
Plaintiff: Ntoko, Charmaine Petunia N.O.; Defendant: Road Accident Fund
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
16 October 2024
Case Number
2024/073741
Procedural Posture
Default Judgment Application / Hearing and Judgment
Outcome
Application for dismissal of default judgment and for permission to file a plea is dismissed. Costs awarded against the defendant on attorney and client scale C.
Judges
Raubenheimer
Legal Topics
Notice of Bar, Default Judgment, Pleadings Amendment, Rule 26 Uniform Rules, Lifting of Bar
Civil Procedure Notice of Bar Default Judgment Pleadings Amendment Rule 26 Uniform Rules Lifting of Bar

Case Brief

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Parties

Ntoko, Charmaine Petunia N.O.

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Default Judgment Application / Hearing and Judgment

Legal Issues

  1. 1 Does the filing of a Notice of Intention to Amend automatically lift a Notice of Bar and entitle the defendant to file a plea?
  2. 2 Is a substantive application required to lift the bar before a defendant may file a plea after being barred?
  3. 3 Does the exchange of pleadings affect the status of the bar and the right to amend?

Ratio Decidendi

The court held that the filing of a Notice of Intention to Amend does not automatically lift a Notice of Bar. A party under bar must bring a substantive application to have the bar lifted in terms of Rule 27 of the Uniform Rules of Court. The authorities relied upon by the defendant did not address the lifting of a bar, and in those cases, pleadings had closed and no bar was in place. In the present matter, the defendant failed to file a plea and was placed under bar. The defendant did not apply for the bar to be lifted or for condonation, but instead relied on an incorrect proposition regarding amendment. The court found that the prescribed procedure was not followed and dismissed both...

Court Disposition

Application for dismissal of default judgment and for permission to file a plea is dismissed. Costs awarded against the defendant on attorney and client scale C.

Orders

  • The application for dismissal of the default judgment application is dismissed.
  • The application for permission to file a plea is dismissed.