Zuma v Road Accident Fund (2014/19415)
Zuma v Road Accident Fund (2014/19415) [2024] ZAGPJHC 1238 (27 November 2024)
The court held that the plaintiff's substantial amendment to the particulars of claim, which increased the quantum claimed, reopened pleadings. As a result, the defendant was entitled to plead afresh to the amended claim. Default judgment could not be granted until pleadings were closed again, either by the defendant amending its plea or by the expiry of the notice of bar period. The procedural requirements for closing pleadings after an amendment must be strictly observed before default judgment is sought. The dismissal of the default judgment application was therefore procedurally correct,…
Source excerpt
- Amendment Of Pleadings
- Default Judgment
- Close Of Pleadings
- Notice Of Bar