Sokaya v Road Accident Fund - Reasons for Order (138/2021) [2023] ZAECQBHC 63 (1 November 2023)

Sokaya v Road Accident Fund - Reasons for Order (138/2021) [2023] ZAECQBHC 63 (1 November 2023)

The court found that the matter was indeed set down for trial on the disputed dates and not merely standing down for settlement purposes. The orders of court on those dates specifically recorded postponements at the defendant's request, and the file was transferred to different judges seized with civil trials, indicating that the matter was treated as a trial. No cogent reason was advanced by the defendant to suggest otherwise. The plaintiff's legal representatives were entitled to costs for their attendances on 10 and 24 March 2023, as these attendances were not disputed and no reasons were provided by the defendant to deny such costs. The court emphasized that nothing in the judgment...

Citation
[2023] ZAECQBHC 63
Parties
Plaintiff: Monde Arthur Sokaya; Defendant: Road Accident Fund
Court
Eastern Cape High Court, Gqeberha
Jurisdiction
South Africa
Judgment Date
1 November 2023
Case Number
138/2021
Procedural Posture
Civil Trial / Reasons for Costs Order Following Settlement and Amended Order
Outcome
Order for costs granted in favour of the plaintiff as sought, including costs for all disputed trial dates and attendances on 10 and 24 March 2023.
Judges
Bands
Legal Topics
Costs Award, Road Accident Fund, Trial Postponement, Serious Injury Assessment
Civil Procedure Delict Costs Award Road Accident Fund Trial Postponement Serious Injury Assessment

Case Brief

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Parties

Monde Arthur Sokaya

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Reasons for Costs Order Following Settlement and Amended Order

Legal Issues

  1. 1 Whether the plaintiff is entitled to costs for trial dates that were postponed at the defendant's request.
  2. 2 Whether the plaintiff is entitled to costs for attendances by legal representatives on 10 and 24 March 2023.
  3. 3 Whether the matter was set down for trial or merely standing down for settlement purposes on the disputed dates.

Ratio Decidendi

The court found that the matter was indeed set down for trial on the disputed dates and not merely standing down for settlement purposes. The orders of court on those dates specifically recorded postponements at the defendant's request, and the file was transferred to different judges seized with civil trials, indicating that the matter was treated as a trial. No cogent reason was advanced by the defendant to suggest otherwise. The plaintiff's legal representatives were entitled to costs for their attendances on 10 and 24 March 2023, as these attendances were not disputed and no reasons were provided by the defendant to deny such costs. The court emphasized that nothing in the judgment...

Court Disposition

Order for costs granted in favour of the plaintiff as sought, including costs for all disputed trial dates and attendances on 10 and 24 March 2023.

Orders

  • Defendant shall pay plaintiff’s costs of suit on the scale as between party and party, on the High Court Scale, up to and including 13 June 2023, as taxed or agreed.
  • Costs include the trial dates of 3 February 2023, 10 February 2023, 17 February 2023, 27 February 2023, and 13 June 2023.