Rossouw v Blignaut & Wessels and Another (1836/2019) [2020] ZAFSHC 268 (5 November 2020)

Rossouw v Blignaut & Wessels and Another (1836/2019) [2020] ZAFSHC 268 (5 November 2020)

The court found the applicant’s explanation for the seven-year delay in serving notice to be insufficient and unreasonable. The applicant was proactive in seeking legal advice and pursuing the claim shortly after the accident, but failed to act for several years, and did not adequately explain the period of inactivity. The evidence presented regarding the cause of the accident was largely hearsay, unsupported by expert or witness confirmation, and the inquest report did not attribute the accident to any act or omission by the second respondent. The delay prejudiced the second respondent’s ability to investigate, and the applicant failed to discharge the onus of showing the absence of...

Citation
[2020] ZAFSHC 268
Parties
Applicant: Martha Johanna Petronella Rossouw; Respondent: Blignaut & Wessels; Respondent: MEC Police, Roads & Transport for the Province of the Free State
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
5 November 2020
Case Number
1836/2019
Procedural Posture
Urgent Application / Application for Condonation of Late Notice Under S 3(1)(a) Institution of Legal Proceedings Against Certain Organs of State Act
Outcome
Application for condonation of late notice dismissed. Applicant ordered to pay costs.
Judges
Daniso
Legal Topics
Condonation of Late Notice, Institution of Legal Proceedings Against Organs of State, Loss of Support, Negligence, Prescription, Best Interests of Children
Civil Procedure Delict Condonation of Late Notice Institution of Legal Proceedings Against Organs of State Loss of Support Negligence Prescription Best Interests of Children

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Martha Johanna Petronella Rossouw

Applicant

Blignaut & Wessels

Respondent

MEC Police, Roads & Transport for the Province of the Free State

Respondent

Procedural Posture

Urgent Application / Application for Condonation of Late Notice Under S 3(1)(a) Institution of Legal Proceedings Against Certain Organs of State Act

Legal Issues

  1. 1 Whether the applicant has shown good cause for condonation of late service of notice under s 3(1)(a) of the Act.
  2. 2 Whether the second respondent was unreasonably prejudiced by the late notice.
  3. 3 Whether the applicant's explanation for delay is sufficient and reasonable.

Ratio Decidendi

The court found the applicant’s explanation for the seven-year delay in serving notice to be insufficient and unreasonable. The applicant was proactive in seeking legal advice and pursuing the claim shortly after the accident, but failed to act for several years, and did not adequately explain the period of inactivity. The evidence presented regarding the cause of the accident was largely hearsay, unsupported by expert or witness confirmation, and the inquest report did not attribute the accident to any act or omission by the second respondent. The delay prejudiced the second respondent’s ability to investigate, and the applicant failed to discharge the onus of showing the absence of...

Court Disposition

Application for condonation of late notice dismissed. Applicant ordered to pay costs.

Orders

  • The application for an order to condone the late service of the notice contemplated in s 3(1)(a) of the Institution of Legal Proceedings Against Certain Organs of State Act, 40 of 2002, within the period laid down in s 3(2)(a) of the Act is dismissed.
  • The applicant is to pay the costs of the application.