Road Accident Fund v Stemele and Others - Ex Tempore (1650/2010) [2023] ZAECMHC 66 (6 December 2023)

Road Accident Fund v Stemele and Others - Ex Tempore (1650/2010) [2023] ZAECMHC 66 (6 December 2023)

The court found that the applicant failed to act promptly after being made aware of the taxed bill of costs and the issuance of the Writ of Execution. The applicant did not respond to the demand for payment, nor did it seek to interdict execution when launching the rescission application. The urgency was therefore self-created, as the applicant only acted after its assets were attached and removed. The court held that such conduct does not warrant the dispensing of normal rules regarding notice and service, and the application was not urgent. Consequently, the application was struck off the roll and costs were awarded against the applicant.

Citation
[2023] ZAECMHC 66
Parties
Applicant: Road Accident Fund; Respondent: Ntombekaya Stemele; Respondent: Registrar of the High Court Mthatha (in his capacity as Taxing Master); Respondent: Sheriff of the High Court
Court
Eastern Cape High Court, Mthatha
Jurisdiction
South Africa
Judgment Date
6 December 2023
Case Number
1650/2010
Procedural Posture
Urgent Application / Application for Stay of Execution and Interim Interdict
Outcome
Application struck off the roll with costs against the applicant.
Judges
A.S. Zono
Legal Topics
Stay of Execution, Urgent Interdict, Rescission of Judgment, Taxation of Costs
Civil Procedure Stay of Execution Urgent Interdict Rescission of Judgment Taxation of Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Road Accident Fund

Applicant

Ntombekaya Stemele

Respondent

Registrar of the High Court Mthatha (in his capacity as Taxing Master)

Respondent

Sheriff of the High Court

Respondent

Procedural Posture

Urgent Application / Application for Stay of Execution and Interim Interdict

Legal Issues

  1. 1 Whether the application for a stay of execution and interim interdict should be heard as a matter of urgency.
  2. 2 Whether the applicant's conduct created self-induced urgency.
  3. 3 Whether the applicant is entitled to relief pending the rescission application.

Ratio Decidendi

The court found that the applicant failed to act promptly after being made aware of the taxed bill of costs and the issuance of the Writ of Execution. The applicant did not respond to the demand for payment, nor did it seek to interdict execution when launching the rescission application. The urgency was therefore self-created, as the applicant only acted after its assets were attached and removed. The court held that such conduct does not warrant the dispensing of normal rules regarding notice and service, and the application was not urgent. Consequently, the application was struck off the roll and costs were awarded against the applicant.

Court Disposition

Application struck off the roll with costs against the applicant.

Orders

  • The application is hereby struck off the roll.
  • The applicant is directed to pay the costs occasioned thereby.