Qhamakoane v Road Accident Fund (19131/2020) [2024] ZAGPPHC 795 (12 August 2024)

Qhamakoane v Road Accident Fund (19131/2020) [2024] ZAGPPHC 795 (12 August 2024)

The court held that when a party is ipso facto barred, it is barred only from pleading to the particulars of claim as they stood at the time of bar. A substantial amendment to the claim, especially quantum, reopens the pleadings and entitles the defendant to plead to the amended particulars of claim. The defendant need not apply to uplift the bar in such circumstances; the amendment itself restores the right to plead. The court rejected the plaintiff's argument that the defendant is excluded from further participation, clarifying that the bar applies only to the pre-amendment claim. The amendment was granted, and the defendant was afforded 15 days to file a plea to the amended claim.

Citation
[2024] ZAGPPHC 795
Parties
Plaintiff: Pulane Qhamakoane; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
12 August 2024
Case Number
19131/2020
Procedural Posture
Default Judgment / Application for Amendment and Default Judgment; Quantum Amendment at Late Stage; Defendant Ipso Facto Barred
Outcome
Amendment to particulars of claim granted; default judgment postponed sine dies; defendant afforded 15 days to plead; no order as to costs.
Judges
M Krüger
Legal Topics
Default Judgment Procedure, Amendment of Pleadings, Notice of Bar, Quantum Increase, Rule 28 Amendment
Civil Procedure Delict Default Judgment Procedure Amendment of Pleadings Notice of Bar Quantum Increase Rule 28 Amendment

Case Brief

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Parties

Pulane Qhamakoane

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Default Judgment / Application for Amendment and Default Judgment; Quantum Amendment at Late Stage; Defendant Ipso Facto Barred

Legal Issues

  1. 1 What is the effect of amending particulars of claim after the defendant is ipso facto barred.
  2. 2 Does a substantial amendment to quantum reopen pleadings and entitle the barred defendant to plead to the amended claim.
  3. 3 Is the defendant entitled to participate further in litigation after being ipso facto barred if pleadings are reopened.

Ratio Decidendi

The court held that when a party is ipso facto barred, it is barred only from pleading to the particulars of claim as they stood at the time of bar. A substantial amendment to the claim, especially quantum, reopens the pleadings and entitles the defendant to plead to the amended particulars of claim. The defendant need not apply to uplift the bar in such circumstances; the amendment itself restores the right to plead. The court rejected the plaintiff's argument that the defendant is excluded from further participation, clarifying that the bar applies only to the pre-amendment claim. The amendment was granted, and the defendant was afforded 15 days to file a plea to the amended claim.

Court Disposition

Amendment to particulars of claim granted; default judgment postponed sine dies; defendant afforded 15 days to plead; no order as to costs.

Orders

  • The amendment sought by the plaintiff in terms of Rule 28(10), increasing the amount claimed for past and future loss of income to R 7 767 745.00, is granted.
  • The default judgment is postponed sine dies.