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Mekula v Road Accident Fund (1987/2017) [2017] ZAECGHC 118 (31 October 2017)
The High Court refused to transfer a Road Accident Fund damages action from Grahamstown to Port Elizabeth, finding the plaintiff had not shown the move was more convenient.
Nongovu v Road Accident Fund (12629/05) [2006] ZAGPHC 78; 2007 (1) SA 59 (T) (21 August 2006)
The court found that the statutory requirements for transfer under section 9 of the Supreme Court Act and section 3 of the Interim Rationalisation of Jurisdiction of the High Courts Act were satisfied. The plaintiff's cause of action arose within the jurisdiction of the Gauteng Division, but the convenience of the parties, witnesses, and experts overwhelmingly favoured transfer to the Cape of Good Hope Provincial Division. The defendant had conceded liability, and only quantum remained for determination. The plaintiff and relevant experts reside in the Western Cape, and the transfer would red…
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