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Civil Procedure [2019] ZAGPJHC 163

Van der Westhuizen v Road Accident Fund (16743/2015)

Van der Westhuizen v Road Accident Fund (16743/2015) [2019] ZAGPJHC 163 (24 May 2019)

Court
South Gauteng High Court, Johannesburg
Case number
16743/2015
Judge
Wright

The court found that the defendant had not taken a decision on the plaintiff's claim for general damages as required by law. According to the authority in Mphala v RAF, the court may not entertain such a claim in the absence of a decision by the defendant. The proper remedy for the plaintiff is to apply to court to compel the defendant to make a decision. The order granted on 22 May 2019 was made in error and as a result of a common mistake between the parties. Therefore, it is appropriate to rescind the order under Rule 42(1).

Source excerpt

  • Rescission Of Judgment
  • General Damages
  • Raf 4 Form
  • Court Mandate
  • Rule 42 Application
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Civil Procedure [2017] ZAGPJHC 475

Stranack v Road Accident Fund (2013/44438)

Stranack v Road Accident Fund (2013/44438) [2017] ZAGPJHC 475 (3 November 2017)

Court
South Gauteng High Court, Johannesburg
Case number
2013/44438
Judge
Windell

The court held that the plaintiff's claim for general damages did not prescribe due to the late submission of the RAF 4 form. The original summons, issued within five years of the cause of action, interrupted prescription for all heads of damages, including general damages. The RAF 4 form, although procured and submitted by the defendant more than seven years after the accident, was uncontested and confirmed the plaintiff's serious injury. The court relied on the SCA's decision in Manukha v Road Accident Fund, which clarified that the late submission of the RAF 4 form does not result in presc…

Source excerpt

  • Road Accident Fund Act
  • Prescription
  • General Damages
  • Serious Injury Assessment
  • Raf 4 Form
  • Quantification Of Damages
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.