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South Africa decisions
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Rufuro N.O Executrix obo Estate Late Nyamutsahuni v Road Accident Fund (23457/2022) [2025] ZAGPPHC 751 (24 July 2025)
Default judgment in a Road Accident Fund claim was granted for past loss of earnings after the defendant’s late notice to defend was set aside as an abuse of process.
S.S.N. obo N.M. and Another v Road Accident Fund (34316/2020) [2025] ZAGPPHC 615 (17 June 2025)
The court found that the respondent's notice of intention to defend, delivered more than three years after the expiry of the prescribed period, constituted an abuse of the court's process. The respondent failed to engage meaningfully with the proceedings, ignored correspondence, and only acted on the eve of default judgment to delay the matter. The High Court exercised its inherent jurisdiction to set aside the late notice, enabling consideration of the applicants' claim for loss of support. The applicants substantiated their claim with expert and actuarial evidence, affidavits, and supportin…
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Hugo v Road Accident Fund (055136/2022) [2024] ZAGPPHC 791 (12 August 2024)
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…
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South African National Road Agency (Soc) Ltd v Lonebrock Construction (Pty) Ltd Reg No. (89831/2018) [2019] ZAGPPHC 343 (7 August 2019)
The High Court rescinded a registrar-granted default judgment after finding the defendant had shown an intention to defend before judgment, but ordered it to pay costs.
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