Ribombo v Road Accident Fund (1621/2022) [2024] ZAGPPHC 256 (27 February 2024)

Ribombo v Road Accident Fund (1621/2022) [2024] ZAGPPHC 256 (27 February 2024)

The Road Accident Fund failed to comply with multiple court rules and orders, including Rules 21, 35, and 37, and did not respond to the plaintiff's striking out application or the court order granting it an opportunity to do so. The RAF's reliance on Rule 19(5) only defeats default judgment applications and does not excuse its non-compliance with other procedural requirements. The RAF did not provide any explanation for its repeated failures, even after being granted an indulgence by the court. The cumulative effect of these failures justified the striking out of the RAF's defence and the granting of a punitive costs order in favour of the plaintiff.

Citation
[2024] ZAGPPHC 256
Parties
Plaintiff: V Ribombo; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
27 February 2024
Case Number
1621/2022
Procedural Posture
Civil Procedure Application / Application to Strike Out Defence; Reasons for Order
Outcome
The Road Accident Fund's defence is struck out. The plaintiff is permitted to enrol the matter on the default trial roll and may approach the Registrar for a preferential trial date. The RAF is ordered to pay the plaintiff's costs on an attorney and client scale.
Judges
de Vos
Legal Topics
Striking Out of Defence, Non Compliance With Court Rules, Default Judgment Procedure, Punitive Costs Order
Civil Procedure Striking Out of Defence Non Compliance With Court Rules Default Judgment Procedure Punitive Costs Order

Case Brief

Summary, issues, holding and outcome

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Parties

V Ribombo

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Procedure Application / Application to Strike Out Defence; Reasons for Order

Legal Issues

  1. 1 Whether the Road Accident Fund's defence should be struck out for non-compliance with court rules and orders.
  2. 2 Whether the RAF's late filing of a notice of intention to defend and plea cures its previous procedural defaults.
  3. 3 Whether the plaintiff is entitled to a punitive costs order against the RAF.

Ratio Decidendi

The Road Accident Fund failed to comply with multiple court rules and orders, including Rules 21, 35, and 37, and did not respond to the plaintiff's striking out application or the court order granting it an opportunity to do so. The RAF's reliance on Rule 19(5) only defeats default judgment applications and does not excuse its non-compliance with other procedural requirements. The RAF did not provide any explanation for its repeated failures, even after being granted an indulgence by the court. The cumulative effect of these failures justified the striking out of the RAF's defence and the granting of a punitive costs order in favour of the plaintiff.

Court Disposition

The Road Accident Fund's defence is struck out. The plaintiff is permitted to enrol the matter on the default trial roll and may approach the Registrar for a preferential trial date. The RAF is ordered to pay the plaintiff's costs on an attorney and client scale.

Orders

  • The RAF’s defence is struck out and the plaintiff is permitted to enroll the matter on the default trial roll.
  • The plaintiff may approach the Registrar for a preferential trial date.