Johester and Others v Road Accident Fund (2020/23383)
Johester and Others v Road Accident Fund (2020/23383) [2024] ZAGPJHC 574 (12 June 2024)
The Court held that a party cannot be compelled to make an election to call expert witnesses or to comply with an undertaking in a pre-trial minute to call experts if it elects not to do so. Rule 36 does not impose a positive obligation to appoint experts, and non-compliance with such undertakings does not constitute non-compliance with the Rules justifying a striking out order under Rule 30A. The striking out of a defence is a drastic remedy and is only competent where expressly provided for in the Rules, such as Rule 21(4) and Rule 35(7). In the absence of such provision, less onerous remed…
Source excerpt
- Striking Out Of Defence
- Rule 30a Application
- Expert Evidence
- Pre Trial Undertakings
- Raf4 Form Compliance