Z.R.M v Road Accident Fund (4041/2020) [2023] ZAECMHC 12 (17 March 2023)

Z.R.M v Road Accident Fund (4041/2020) [2023] ZAECMHC 12 (17 March 2023)

The court held that in claims for unliquidated damages, default judgment cannot be granted solely on affidavit evidence, particularly affidavits deposed to by the plaintiff regarding quantum. Such affidavits have no probative value and should not be used. The proper procedure requires oral evidence from the plaintiff on the merits and quantum, and expert evidence on quantum must be properly motivated and confirmed by the expert. The practice of submitting 'damages affidavits' is contrary to established legal principles and increases unnecessary litigation costs. The application for default judgment was withdrawn by agreement, the bar was uplifted, and the defendant was ordered to pay...

Citation
[2023] ZAECMHC 12
Parties
Plaintiff: Z[...] R[...] M[...]; Defendant: Road Accident Fund
Court
Eastern Cape High Court, Mthatha
Jurisdiction
South Africa
Judgment Date
17 March 2023
Case Number
4041/2020
Procedural Posture
Default Judgment Application / Application for Default Judgment Withdrawn; Matter to Proceed as Defended Action
Outcome
Application for default judgment withdrawn by agreement; matter to proceed as defended action.
Judges
R W N Brooks
Legal Topics
Default Judgment, Unliquidated Damages, Oral Evidence Requirement, Damages Affidavit, Costs Order
Civil Procedure Default Judgment Unliquidated Damages Oral Evidence Requirement Damages Affidavit Costs Order

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 3 Authorities cited 7 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Z[...] R[...] M[...]

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Default Judgment Application / Application for Default Judgment Withdrawn; Matter to Proceed as Defended Action

Legal Issues

  1. 1 Whether default judgment in claims for unliquidated damages may be granted on affidavit evidence alone.
  2. 2 Whether a 'damages affidavit' deposed to by the plaintiff has probative value in default judgment proceedings.
  3. 3 What is the correct procedure for enrolling and hearing default judgment applications for unliquidated damages.

Ratio Decidendi

The court held that in claims for unliquidated damages, default judgment cannot be granted solely on affidavit evidence, particularly affidavits deposed to by the plaintiff regarding quantum. Such affidavits have no probative value and should not be used. The proper procedure requires oral evidence from the plaintiff on the merits and quantum, and expert evidence on quantum must be properly motivated and confirmed by the expert. The practice of submitting 'damages affidavits' is contrary to established legal principles and increases unnecessary litigation costs. The application for default judgment was withdrawn by agreement, the bar was uplifted, and the defendant was ordered to pay...

Court Disposition

Application for default judgment withdrawn by agreement; matter to proceed as defended action.

Orders

  • The application for judgment by default is withdrawn with the leave of the court.
  • The bar is uplifted.