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Civil Procedure [2024] ZAECQBHC 76

Tsham v Road Accident Fund (622/2023)

Tsham v Road Accident Fund (622/2023) [2024] ZAECQBHC 76 (10 December 2024)

The court found that the defendant's reliance on Board Notice 271 of 2022 was ill-founded, as the notice and the prescribed RAF 1 form had been declared unlawful and set aside by a full court of the Gauteng Division. The defendant did not appeal that decision, and no contrary submissions were advanced. The defendant's objection to the validity of the claim was raised more than a year after summons was issued and well outside the sixty-day period prescribed by section 24(5) of the Road Accident Fund Act. The statutory effect is that, even if the claim was not fully compliant, the defendant's f…

  • Road Accident Fund Act
  • Compliance With Statutory Requirements
  • Valid Lodgment Of Claim
  • Board Notice 271 Of 2022
  • Section 24 Objection Period
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