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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)

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