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2025
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[2025] ZAGPJHC 123
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Road Accident Fund v Muthali Others (6945/2022) [2025] ZAGPJHC 123 (28 January 2025)
IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION,
JOHANNESBURG
CASE
NO: 6945/2022
1.
Reportable: No
2.
Of interest to other judges: No
3.
Revised
28
January 2025
ROAD ACCIDENT
FUND
Applicant
and
MUTHALI, CHRISTIANA
First Respondent
MUTHALI,
CHRISTIANA
Second Respondent
On behalf of
ZIBA, MTENDE
MUTHALI, CHRISTIANA
Third Respondent
On behalf of
ZIBA, EMERLIA
MUTHALI,
CHRISTIANA
Fourth Respondent
On behalf of
ZIBA, MOODESTER
THE
SHERIFF OF THE HIGH COURT:
Fifth Respondent
DISTRICT OF JOHANNESBURG NORTH
JUDGMENT
WRIGHT J
1.
The applicant RAF seeks urgently to interdict a
pending sale in execution of its movables pending a rescission
application.
2.
The applicant says that it learnt that the
respondent is an illegal foreigner and therefore the settlement which
was made an order
of court stands to be set aside.
3.
The applicant is silent as to when it learned that
the respondent is a foreigner and accordingly 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 Nzianzia
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