Tosholo v Road Accident Fund (449/2018) [2023] ZAWCHC 87 (4 May 2023)

Tosholo v Road Accident Fund (449/2018) [2023] ZAWCHC 87 (4 May 2023)

The court found that the plaintiff's claim had prescribed in terms of section 23 of the Road Accident Fund Act, as the summons was served well beyond the five-year period from the date of the accident. The plaintiff and her attorney were deemed to have had knowledge of the prior settlement and its effect by at least 30 June 2014, when correspondence from the RAF informed them of the direct claim. The plaintiff's failure to disclose the prior settlement to her attorney and the attorney's failure to act on the RAF's correspondence resulted in the claim being instituted out of time. The court further held that the claim was settled in full and final settlement by the direct claims...

Citation
[2023] ZAWCHC 87
Parties
Plaintiff: Phozisa Tosholo; Defendant: Road Accident Fund
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
4 May 2023
Case Number
449/2018
Procedural Posture
Civil Trial / Judgment on Special Pleas
Outcome
The defendant's special pleas of prescription and settlement are upheld. The plaintiff's claim is dismissed.
Judges
Wathen-Falken
Legal Topics
Road Accident Fund Act, Prescription, Settlement of Claims, Duty of Care, Special Plea, Loss of Earnings
Delict Road Accident Fund Act Prescription Settlement of Claims Duty of Care Special Plea Loss of Earnings

Case Brief

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Parties

Phozisa Tosholo

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Judgment on Special Pleas

Legal Issues

  1. 1 Whether the plaintiff's claim against the Road Accident Fund has prescribed under section 23 of the RAF Act.
  2. 2 Whether the plaintiff's claim was settled in full and final settlement by the direct claims department.
  3. 3 Whether the plaintiff and her attorney had knowledge of the prior settlement and its effect on subsequent claims.

Ratio Decidendi

The court found that the plaintiff's claim had prescribed in terms of section 23 of the Road Accident Fund Act, as the summons was served well beyond the five-year period from the date of the accident. The plaintiff and her attorney were deemed to have had knowledge of the prior settlement and its effect by at least 30 June 2014, when correspondence from the RAF informed them of the direct claim. The plaintiff's failure to disclose the prior settlement to her attorney and the attorney's failure to act on the RAF's correspondence resulted in the claim being instituted out of time. The court further held that the claim was settled in full and final settlement by the direct claims...

Court Disposition

The defendant's special pleas of prescription and settlement are upheld. The plaintiff's claim is dismissed.

Orders

  • The defendant's Special Plea of prescription is upheld.
  • The defendant's special plea based on the claim being settled is upheld.