Road Accident Fund v Mahmoud and Another (2018-28163)
Road Accident Fund v Mahmoud and Another (2018-28163) [2024] ZAGPJHC 243 (3 March 2024)
The application for an interim interdict suspending execution of the judgment debt was dismissed because the Fund's management directive does not apply to claims instituted before its issuance, such as the present action commenced in 2018. The Fund was aware of the directive when it entered into the settlement agreement in April 2023, and cannot now rely on it to avoid payment. The urgency was self-created, and the Fund failed to disclose when it first sought to rely on the directive. Even if the directive were found constitutional, it would not affect the present judgment, which stands until…
Source excerpt
- Stay Of Execution
- Management Directive
- Judgment Rescission
- Urgency
- Settlement Agreement