Bongata Hardware (Pty) Ltd and Others v Spar Group Ltd (CCT 81 of 2010) [2011] LSHC 117 (24 October 2011)

Bongata Hardware (Pty) Ltd and Others v Spar Group Ltd (CCT 81 of 2010) [2011] LSHC 117 (24 October 2011)

Applicants satisfied the three requirements for rescission: they provided a reasonable explanation for default, acted bona fide as evidenced by payments and negotiations, and showed a bona fide defence by disputing the amount and providing proof of payments. Rescission was therefore warranted.

Citation
[2011] LSHC 117
Parties
1st Applicant: Bongata Hardware (Pty) Ltd; 2nd Applicant: Christina Mamoipone Phakisi; 3rd Applicant: Thabiso Nelson Phakisi; 4th Applicant: Thabo Johannes Tseki; Respondent: The Spar Group Limited
Court
High Court
Jurisdiction
Lesotho
Judgment Date
24 October 2011
Case Number
CCT 81 of 2010
Procedural Posture
Application for Rescission of Judgment / Judgment on Rescission Application
Outcome
Application for rescission granted
Legal Topics
Rescission of Judgment, Default Judgment, Requirements for Rescission
Source Language
English
Civil Procedure Rescission of Judgment Default Judgment Requirements for Rescission

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Parties

Bongata Hardware (Pty) Ltd

1st Applicant

Christina Mamoipone Phakisi

2nd Applicant

Thabiso Nelson Phakisi

3rd Applicant

Thabo Johannes Tseki

4th Applicant

The Spar Group Limited

Respondent

Procedural Posture

Application for Rescission of Judgment / Judgment on Rescission Application

Legal Issues

  1. 1 Whether the requirements for rescission of judgment were satisfied
  2. 2 Whether applicants provided a reasonable explanation for default
  3. 3 Whether applicants acted bona fide and not merely to delay

Ratio Decidendi

Applicants satisfied the three requirements for rescission: they provided a reasonable explanation for default, acted bona fide as evidenced by payments and negotiations, and showed a bona fide defence by disputing the amount and providing proof of payments. Rescission was therefore warranted.

Court Disposition

Application for rescission granted

Orders

  • Rescission of judgment granted in terms of prayer 2(a) of the notice of motion
  • Applicants to file their plea within the period prescribed by the Rules of Court