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South Africa decisions
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Nwayo v Road Accident Fund (13607/2022) [2025] ZAGPPHC 667 (30 June 2025)
The High Court refused default judgment against the Road Accident Fund because the plaintiff’s statutory affidavit was commissioned before the accident and could not be relied on.
Nedbank Limited v Hattingh and Others (4136/2020) [2022] ZAFSHC 44 (7 March 2022)
The court found that the point in limine regarding the alleged non-compliance with regulation 7(1) was purely technical and without merit. The commissioner of oaths was independent and not directly involved in the litigation, and the mere fact of being on the plaintiff's panel did not establish an interest in the specific matter. Even if there had been non-compliance, the appropriate remedy would have been to allow re-attestation rather than striking the application as a nullity. On the merits, the court held that the 4th defendant's defences were speculative, unsupported by evidence, and fai…
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