South Africa Case Law

Mdunjana v Road Accident Fund (52582/2020)

Mdunjana v Road Accident Fund (52582/2020) [2022] ZAGPPHC 618 (18 August 2022)

Court

North Gauteng High Court, Pretoria

Case number

52582/2020

Judge

Millar

The court found that the plaintiff was objectively prevented from delivering his claim to the Road Accident Fund within the prescribed period due to the national COVID-19 lockdown and the closure of the Fund's offices. The impossibility was not of the plaintiff's own making but arose from legal and factual circumstances beyond his control. Applying the maxim lex non cogit ad impossibilia, the court held that prescription did not run during the period of impossibility, and the plaintiff was entitled to lodge his claim within a reasonable period after the offices reopened. The claim was deliver…

Source excerpt

• Prescription
• Road Accident Fund Act
• Impossibility Principle
• Covid19 Lockdown Effects

Menlyn Maine Investment Holdings (PTY) Ltd and Another v Christo Menlyn (PTY) Ltd and Others (49594/2021)

Menlyn Maine Investment Holdings (PTY) Ltd and Another v Christo Menlyn (PTY) Ltd and Others (49594/2021) [2022] ZAGPJHC 438 (30 June 2022)

Court

South Gauteng High Court, Johannesburg

Case number

49594/2021

Judge

FHD Van Oosten

High Court summary judgment granted for arrear rent, ejectment, and costs after rejecting rule 32 objections and a Covid-19 impossibility defence.

• Summary Judgment
• Lease Agreement
• Suretyship
• Liquidated Claim
• Impossibility Of Performance
• Covid19 Lockdown Effects