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South Africa decisions
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Moeketsi v Road Accident Fund (959/2023) [2024] ZAFSHC 411 (24 December 2024)
The High Court dismissed RAF special pleas, holding the claimant substantially complied with section 24 despite missing documents said to affect only quantum.
Maripa v Road Accident Fund (1893/2023) [2024] ZALMPPHC 148 (22 October 2024)
The court dismissed a RAF special plea of premature summons, found the Fund 100% liable, and awarded the plaintiff R2,116,061 for general damages and loss of earnings.
Khohko v Nedbank Limited (4076/2016) [2016] ZAFSHC 208 (8 December 2016)
The High Court granted rescission after finding the summons was issued too early under section 129 of the National Credit Act.
Ngaka v Nedbank Limited (of which MFC is a division) (4715/2016) [2016] ZAFSHC 231 (8 December 2016)
The court found that the respondent issued summons three days before the expiry of the ten business day period required after delivery of the section 129 notice, rendering the action premature and contrary to section 129(1)(b) read with section 130(2) of the National Credit Act. The determinative date for compliance is the date of issue of summons, not its service or receipt. Cancellation of the contract communicated through premature summons is not efficacious for the purposes of section 129(3) of the Act. The applicant is entitled to rescission of judgment to avail himself of consumer right…
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