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2025
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[2025] ZAGPJHC 122
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Road Accident Fund v Yangbonga and Another (2021/9373) [2025] ZAGPJHC 122 (28 January 2025)
IN THE HIGH COURT OF
SOUTH AFRICA
GAUTENG DIVISION,
JOHANNESBURG
CASE
NO: 2021/9373
1.
Reportable: No
2.
Of interest to other judges: No
3.
Revised
28
January 2025
ROAD ACCIDENT
FUND
Applicant
and
YANGBONGA,
BIBICHE SINGO
First Respondent
THE
SHERIFF OF THE HIGH COURT:
Second
Respondent
DISTRICT OF JOHANNESBURG
JUDGMENT
WRIGHT J
1.
The RAF seeks urgently to interdict a sale in
execution of its assets. A settlement was made an order of court but
the Fund says
that it is now aware that the first respondent is an
illegal foreigner and it wants to have a rescission application
heard.
2.
The Fund is vague on when it formed the view that
the first respondent was an illegal foreigner. A writ was issued as
early as about
a year ago.
3.
In the founding affidavit, but not in the notice
of motion, the RAF seeks
condonation. For what is not clear.
4.
A case for urgency is not made out.
ORDER
1.
Struck off
with costs on scale A. –
GC Wright
Judge
of the High Court
Gauteng
Division, Johannesburg
HEARD
: 28 January 2025
DELIVERED
: 28 January 2025
APPEARANCES
:
Applicant
Ms P Makhathini
State Attorney from RAF
Instructed
by Road Accident Fund
Respondent
Adv DB Du Preez
niel@dup.co.za
083 375 0209
Instructed
by
Van
Der Elst inc
011 731 0000
litagation@vdelaw.co.za