South Africa Case Law

Ramphaul and Others v Jindal Mining South Africa (Pty) Ltd and Others (Leave to Appeal) (48783/2018)

Ramphaul and Others v Jindal Mining South Africa (Pty) Ltd and Others (Leave to Appeal) (48783/2018) [2025] ZAGPPHC 117 (28 January 2025)

Court

North Gauteng High Court, Pretoria

Case number

48783/2018

Judge

O Mooki

The court found that the plaintiffs had provided sufficient evidence in support of their claim for default judgment by incorporating annexure A3 into their affidavit. The defendants' defence had been struck out, and they were not entitled to file opposing papers or raise a defence to the claim for default judgment. The authorities cited by the applicants were not applicable to the facts of this case, as they concerned situations where a court considers dismissing a claim or striking out a defence, which was not the case here. The requirements for leave to appeal under section 17(1) of the Sup…

Source excerpt

• Default Judgment
• Rule 31 2 A
• Leave To Appeal
• Costs Order

Kekana v Road Accident Fund (21056/04)

Kekana v Road Accident Fund (21056/04) [2005] ZAGPHC 8 (6 January 2005)

Court

High Courts - Gauteng

Case number

21056/04

Judge

JCW van Rooyen

The court refused default judgment in a Road Accident Fund damages claim, holding that liability for negligence could not be found without evidence.

• Default Judgment
• Separation Of Merits And Quantum
• Negligence
• Motor Vehicle Accident
• Rule 31 2 A
• Evidentiary Requirements