Dlamini v Road Accident Fund (062350/2024) [2024] ZAGPJHC 1310 (4 December 2024)

30 Reportability

Brief Summary

Negligence — Default judgment — Application for default judgment refused due to conflicting documentation regarding negligence — No explanation provided for discrepancies in the evidence — Application to lead evidence granted under Rule 38(2) — No order as to costs made.

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[2024] ZAGPJHC 1310
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Dlamini v Road Accident Fund (062350/2024) [2024] ZAGPJHC 1310 (4 December 2024)

IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG LOCAL DIVISION,
JOHANNESBURG
CASE
NO
: 062350/2024
DATE
:
04-12-2024
(1)
REPORTABLE: YES / NO.
(2)
OF INTEREST TO OTHER JUDGES: YES / NO.
(3)
REVISED.
In
the matter between
DLAMINI
CHARLES

Plaintiff
and
ROAD ACCIDENT
FUND

Defendant
JUDGMENT
WEIDEMAN,
AJ
:
There was an application before me to
lead the evidence by way of a Rule 38(2), which application was
granted.
The matter commenced with a discussion
between counsel and the Court about the question of negligence. In
this regard, the documentation
is in conflict with each other and
there is no explanation available on the papers as to why that is so.
The application for default judgment
is refused as the matter is on the default judgment roll. I am making
no order as to costs.
WEIDEMAN, AJ
JUDGE OF THE HIGH COURT
DATE
:
……………….