Road Accident Fund v Masondo (2012/6354) [2012] ZAGPJHC 178 (5 September 2012)

Road Accident Fund v Masondo (2012/6354) [2012] ZAGPJHC 178 (5 September 2012)

The court found that the respondent's claim for taxed costs had not prescribed. Payment by the applicant of the merits costs on 26 July 2011 constituted an acknowledgment of liability, interrupting prescription for the entire debt under section 14(1) of the Prescription Act. The debt for costs is not divisible, and acknowledgment of part interrupts prescription for the whole. However, the warrant of execution issued by the respondent's attorneys was invalid, as it was based solely on the allocatur without a supporting court order. Execution requires both a judgment and a taxed bill of costs. The applicant is not liable for the sheriff's costs incurred in the execution of the invalid...

Citation
[2012] ZAGPJHC 178
Parties
Applicant: Road Accident Fund; Respondent: Masondo, Phumzile
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
5 September 2012
Case Number
2012/6354
Procedural Posture
Stay Application / Application for Stay and Setting Aside of Warrant of Execution; Determination of Prescription and Validity of Execution
Outcome
Application partly granted. The warrant of execution is set aside. The applicant is ordered to pay the respondent's proven or agreed damages and taxed costs, excluding costs related to the invalid warrant.
Judges
D S S Moshidi
Legal Topics
Prescription Act, Warrant of Execution, Settlement Agreement, Taxed Costs, Road Accident Fund Act, Attorney and Client Costs
Civil Procedure Land and Property Prescription Act Warrant of Execution Settlement Agreement Taxed Costs Road Accident Fund Act Attorney and Client Costs

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Parties

Road Accident Fund

Applicant

Masondo, Phumzile

Respondent

Procedural Posture

Stay Application / Application for Stay and Setting Aside of Warrant of Execution; Determination of Prescription and Validity of Execution

Legal Issues

  1. 1 Has the respondent's claim for taxed costs prescribed under the Prescription Act?
  2. 2 Is the warrant of execution issued by the respondent valid in the absence of a court order?
  3. 3 Does payment of part of the debt interrupt prescription for the whole debt under section 14(1) of the Prescription Act?

Ratio Decidendi

The court found that the respondent's claim for taxed costs had not prescribed. Payment by the applicant of the merits costs on 26 July 2011 constituted an acknowledgment of liability, interrupting prescription for the entire debt under section 14(1) of the Prescription Act. The debt for costs is not divisible, and acknowledgment of part interrupts prescription for the whole. However, the warrant of execution issued by the respondent's attorneys was invalid, as it was based solely on the allocatur without a supporting court order. Execution requires both a judgment and a taxed bill of costs. The applicant is not liable for the sheriff's costs incurred in the execution of the invalid...

Court Disposition

Application partly granted. The warrant of execution is set aside. The applicant is ordered to pay the respondent's proven or agreed damages and taxed costs, excluding costs related to the invalid warrant.

Orders

  • The applicant shall pay to the respondent 100% of her proven or agreed damages in the amount of R120,000.00.
  • The applicant shall pay the respondent's taxed costs of the action relating to quantum of damages on the High Court scale.