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[2025] ZAGPJHC 207
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Nala v Road Accident Fund (2015/38831) [2025] ZAGPJHC 207 (28 February 2025)
IN
THE HIGH COURT OF SOUTH AFRICA
GAUTENG
DIVISION, JOHANNESBURG
[1]
REPORTABLE: YES
[2]
OF INTEREST TO OTHER JUDGES: NO
[3]
REVISED: YES
DATE: 28 February
2025
Case
Number: 2015 / 38831
In
the matter between:
NALA:
DUMISANE
SOLOMON
Plaintiff
and
ROAD
ACCIDENT
FUND
Defendant
Summary:
Application
for Postponement from the Bar –
records
of the Defendant indicating that matter was defended previously –
postponement required to locate records
Special
Circumstances –
Defendant
having terminated its panel of attorneys and not recovering all
documentation
Request
for Postponement at late stage
–
RAF
unable to explain why it only became aware of this application at a
late stage and seeking postponement at a late stage.
ORDER
OF COURT
The
following order is made:
1.
This matter is postponed sine die;
2.
Costs are reserved.
JUDGMENT
ZUBAIR
KHAN AJ
[1]
The Plaintiff set this matter down to default judgment. At the
hearing of this matter, the Defendant sought a postponement on the
basis that its records indicates that the matter was previously
timeously opposed.
[2]
Counsel for the Defendant indicated that they have not been able to
locate the Notice of Intention to Defend but their computer
system
indicates that their previous panel attorney did defend the matter.
[3]
Defendant is unable to satisfactorily explain why they did not
attempt to locate the document when the matter was set down for
default judgment and the Notice Served on Defendant.
[4]
Notwithstanding, if there does exist a Notice of Intention to Defend
then the Plaintiff would not be entitled to be before this
Court. I
am unable to determine if there exists a Notice to Defend or Not.
[5]
In the circumstances, it is appropriate that this matter postpones
and the issue of costs be held over for future determination.
[6]
In the result the following order is made:
3.
This matter is postponed sine die;
4.
The costs of this application are reserved.
ZUBAIR KHAN
ACTING JUDGE OF
THE HIGH COURT
GAUTENG
DIVISION, JOHANNESBURG
This
judgment was handed down electronically by circulation to the
parties’ and/or parties’ representatives by email
and by
being uploaded to CaseLines. The date and time for hand-down is
deemed to be
12h00
on
28
February 2025
.
APPEARANCES:
COUNSEL FOR
THE APPLICANT:
TE MORUDU
ATTORNEY
FOR THE APPLICANT:
MOHLATLOLE TP
ATTORNEYS
COUNSEL
FOR RESPONDENT:
MRS NZANZIYA
ATTORNEY
FOR THE RESPONDENT:
STATE ATTORNEY
(JOHANNESBURG)