Road Accident Fund v Mokoena and Another In re Mokoena v Road Accident Fund (2473/2019) [2022] ZAFSHC 172 (12 July 2022)

Road Accident Fund v Mokoena and Another In re Mokoena v Road Accident Fund (2473/2019) [2022] ZAFSHC 172 (12 July 2022)

The application for a stay of execution was dismissed because the RAF failed to provide any substantive grounds or evidence to justify the relief sought. The RAF did not proceed with a rescission application and failed to show any prospects of success in such an application. The court found the RAF's conduct to be unacceptable, noting its failure to defend the merits at trial, its delay in addressing the judgment, and its use of the stay application as a delaying tactic. The court emphasized that stays of execution are not granted as a matter of course but require real and substantial justice, which was absent in this case. The confusion over multiple court orders did not excuse the RAF's...

Citation
[2022] ZAFSHC 172
Parties
Applicant: Road Accident Fund; Respondent: Mahlakodisana Cornelius Mokoena; Respondent: The Sheriff, Pretoria East
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
12 July 2022
Case Number
2473/2019
Procedural Posture
Stay Application / Opposed Motion for Stay of Execution Pending Rescission Application
Outcome
Application dismissed with costs on attorney and client scale.
Judges
JP Daffue
Legal Topics
Stay of Execution, Rescission of Judgment, Writ of Execution, Attorney and Client Costs
Civil Procedure Land and Property Stay of Execution Rescission of Judgment Writ of Execution Attorney and Client Costs

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Parties

Road Accident Fund

Applicant

Mahlakodisana Cornelius Mokoena

Respondent

The Sheriff, Pretoria East

Respondent

Procedural Posture

Stay Application / Opposed Motion for Stay of Execution Pending Rescission Application

Legal Issues

  1. 1 Whether the Road Accident Fund is entitled to a stay of execution of the writ pending a rescission application.
  2. 2 Whether the RAF has shown prospects of success in a rescission application.
  3. 3 Whether the RAF's conduct justifies punitive costs.

Ratio Decidendi

The application for a stay of execution was dismissed because the RAF failed to provide any substantive grounds or evidence to justify the relief sought. The RAF did not proceed with a rescission application and failed to show any prospects of success in such an application. The court found the RAF's conduct to be unacceptable, noting its failure to defend the merits at trial, its delay in addressing the judgment, and its use of the stay application as a delaying tactic. The court emphasized that stays of execution are not granted as a matter of course but require real and substantial justice, which was absent in this case. The confusion over multiple court orders did not excuse the RAF's...

Court Disposition

Application dismissed with costs on attorney and client scale.

Orders

  • The application is dismissed with costs, such costs to be paid on an attorney and client scale.