South Africa Case Law

Mthisi v Road Accident Fund (2023/115885)

Mthisi v Road Accident Fund (2023/115885) [2025] ZAGPPHC 402 (8 April 2025)

Court

North Gauteng High Court, Pretoria

Case number

2023/115885

Judge

R Hawman

The court found that although there was no explicit agreement between the parties for electronic service, the Plaintiff, after receiving the Defendant's Notice of Intention to Defend via electronic mail, did not object to the manner of service and instead took further steps in the proceedings, including serving a Notice of Bar and exchanging further documents electronically. This conduct amounted to acceptance of the electronic service and a waiver of any irregularity. The Defendant's Notice of Intention to Defend was also properly filed by uploading it onto the CaseLines system, in accordanc…

Source excerpt

• Service Of Process
• Notice Of Intention To Defend
• Electronic Service
• Default Judgment
• Uniform Rules Of Court

Canon South Africa (Proprietary) Limited v Educor Holdings (Proprietart) Limited (005025/2023)

Canon South Africa (Proprietary) Limited v Educor Holdings (Proprietart) Limited (005025/2023) [2025] ZAGPJHC 149 (6 February 2025)

Court

South Gauteng High Court, Johannesburg

Case number

005025/2023

Judge

ML Senyatsi

The High Court dismissed Educor’s rescission application, holding that its notice of intention to defend was invalid and default judgment was not granted in error.

• Rescission Of Judgment
• Default Judgment
• Notice Of Intention To Defend
• Representation Of Juristic Person
• Rule 42 Application
• Rescission-of-judgment

Zwane v Road Accident Fund (2022/20090)

Zwane v Road Accident Fund (2022/20090) [2024] ZAGPJHC 1167 (5 November 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2022/20090

Judge

S. Van Aswegen

The High Court held that mediation under Rule 41A is voluntary and cannot be compelled after pleadings close. The application to force or require consideration of mediation was dismissed with costs.

• Mediation
• Rule 41a Uniform Rules
• Alternative Dispute Resolution
• Notice Of Intention To Defend
• Costs Order
• Rule-41a

Mphaka v Road Accident Fund (1809/2022)

Mphaka v Road Accident Fund (1809/2022) [2024] ZAGPPHC 1016 (14 October 2024)

Court

North Gauteng High Court, Pretoria

Case number

1809/2022

Judge

E van der Schyff

The High Court postponed a default judgment application, giving the defendant and state attorney a final chance to answer a challenge to a late notice of intention to defend.

• Notice Of Intention To Defend
• Abuse Of Process
• Costs De Bonis Propriis
• Case Management
• Notice-of-intention-to-defend
• Default-judgment

Hugo v Road Accident Fund (055136/2022)

Hugo v Road Accident Fund (055136/2022) [2024] ZAGPPHC 791 (12 August 2024)

Court

North Gauteng High Court, Pretoria

Case number

055136/2022

Judge

Holland-Muter

The court found that the Road Accident Fund's conduct in delivering a notice of intention to defend on the eve of the default judgment hearing, after repeated requests and prolonged inactivity, constituted a gross abuse of process. Rule 19(5) does not operate to the exclusion of Rule 27, and an explanation for belated delivery is required to enable the court to exercise its discretion. The defendant failed to provide any affidavit or substantive explanation for its delay, relying solely on counsel's submissions, which do not amount to evidence. The court exercised its inherent jurisdiction to…

Source excerpt

• Notice Of Intention To Defend
• Abuse Of Process
• Default Judgment
• Condonation
• Rule 19 5
• Rule 27

Tobias v Road Accident Fund (11652/2021)

Tobias v Road Accident Fund (11652/2021) [2023] ZAGPPHC 1882 (9 November 2023)

Court

North Gauteng High Court, Pretoria

Case number

11652/2021

Judge

Kruger-Van Staden

The court refused default judgment because the Road Accident Fund filed a notice to defend before judgment was granted, and ordered wasted costs.

• Default Judgment
• Notice Of Intention To Defend
• Uniform Rule 19
• Practice Directive
• Wasted Costs
• Default-judgment

Phangwa v Road Accident Fund (27752/2022)

Phangwa v Road Accident Fund (27752/2022) [2022] ZAGPPHC 998 (16 November 2022)

Court

North Gauteng High Court, Pretoria

Case number

27752/2022

Judge

Khashane La M. Manamela

The court removed a default judgment application from the roll after the defendant’s late notice of intention to defend was served before judgment was granted.

• Road Accident Fund Act
• Default Judgment
• Notice Of Intention To Defend
• Practice Directives
• Professional Conduct
• Default-judgment

Biomeriux S.A 69280 and Another v Ngobeni (45597/2019)

Biomeriux S.A 69280 and Another v Ngobeni (45597/2019) [2021] ZAGPPHC 819 (13 December 2021)

Court

North Gauteng High Court, Pretoria

Case number

45597/2019

Judge

Phetole Sekhula

The court found that the applicants failed to comply with both the Rules and a specific court order regarding the filing of the notice of intention to defend. The notice of appointment of attorneys could not be equated with a notice of intention to defend, as the two serve distinct procedural purposes. The applicants' explanations for delay, including administrative difficulties and COVID-19 restrictions, did not meet the threshold of good cause required for condonation. The court held that electronic filing of the Rule 28(3) notice of objection did not constitute proper service or filing und…

Source excerpt

• Condonation
• Notice Of Intention To Defend
• Rule 30 Irregular Step
• Electronic Filing
• Rule 28 Amendment Of Pleadings

N.M v T.M (Born S) (Leave to Appeal) (10393/2017)

N.M v T.M (Born S) (Leave to Appeal) (10393/2017) [2021] ZAGPPHC 408 (17 May 2021)

Court

North Gauteng High Court, Pretoria

Case number

10393/2017

Judge

Conradie

The High Court dismissed an application for leave to appeal against refusal of partial rescission of a divorce-related settlement agreement and default order.

• Divorce Settlement Agreement
• Partial Rescission
• Maintenance Of Children
• Default Judgment
• Notice Of Intention To Defend
• Partial-rescission

Buthelezi Emergency Medical Services (Pty) Limited and Another v Zeda Car Leasing (Pty) Ltd t/a Avis Fleet Services and Another (78303/19)

Buthelezi Emergency Medical Services (Pty) Limited and Another v Zeda Car Leasing (Pty) Ltd t/a Avis Fleet Services and Another (78303/19) [2020] ZAGPPHC 623 (22 October 2020)

Court

North Gauteng High Court, Pretoria

Case number

78303/19

Judge

B Ceylon

The High Court granted rescission of a default judgment after finding that a late notice of intention to defend was filed before judgment was granted.

• Rescission Of Judgment
• Default Judgment
• Rule 42 1 A
• Notice Of Intention To Defend
• Costs Order
• Rescission-of-judgment