Zikalala and Another v Kijima Construction (Pty) Ltd (22121-2022) [2024] ZAGPJHC 516 (18 March 2024)

Zikalala and Another v Kijima Construction (Pty) Ltd (22121-2022) [2024] ZAGPJHC 516 (18 March 2024)

The application for leave to appeal was dismissed. The court found that condonation for the late filing was unopposed and granted. On the merits, the court held that section 17(3) of the Road Accident Fund Act governs the commencement of mora interest and immediate payment of amounts awarded by court order, absent any agreement between the parties. Section 17(4)(b) applies only to claims for future loss of income or support and allows for payment by instalments if agreed or directed by the court. The applicant's reliance on Road Accident Fund v Legal Practice Council and others was rejected. The court emphasized that the constitutional right of access to courts requires that court orders...

Citation
[2024] ZAGPJHC 516
Parties
Plaintiff: Ellen Victoria Jacobs N.O.; Defendant: Road Accident Fund
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
18 March 2024
Case Number
22121/2022
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment and Order Handed Down on 5 January 2024.
Outcome
Application for leave to appeal dismissed; condonation for late filing granted; no order as to costs.
Judges
M.P.N. Nkutha-Nkontwana
Legal Topics
Leave to Appeal, Road Accident Fund Act, Mora Interest, Stay of Execution
Civil Procedure Delict Leave to Appeal Road Accident Fund Act Mora Interest Stay of Execution

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 10 Party arguments 2
Sign in to unlock

Parties

Ellen Victoria Jacobs N.O.

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment and Order Handed Down on 5 January 2024.

Legal Issues

  1. 1 Whether condonation for the late filing of the application for leave to appeal should be granted.
  2. 2 Whether the applicant has reasonable prospects of success on appeal regarding the interpretation of section 17(3) and 17(4)(b) of the Road Accident Fund Act.
  3. 3 Whether the court erred in ordering immediate payment after 14 days of the order.

Ratio Decidendi

The application for leave to appeal was dismissed. The court found that condonation for the late filing was unopposed and granted. On the merits, the court held that section 17(3) of the Road Accident Fund Act governs the commencement of mora interest and immediate payment of amounts awarded by court order, absent any agreement between the parties. Section 17(4)(b) applies only to claims for future loss of income or support and allows for payment by instalments if agreed or directed by the court. The applicant's reliance on Road Accident Fund v Legal Practice Council and others was rejected. The court emphasized that the constitutional right of access to courts requires that court orders...

Court Disposition

Application for leave to appeal dismissed; condonation for late filing granted; no order as to costs.

Orders

  • Condonation for the late filing of the application for leave to appeal is granted.
  • The application for leave to appeal is dismissed.