Baloyi and Another v The Body Corporate of Bryan Brook and Others (11423/2020) [2022] ZAGPJHC 305 (26 April 2022)

Baloyi and Another v The Body Corporate of Bryan Brook and Others (11423/2020) [2022] ZAGPJHC 305 (26 April 2022)

The applicants failed to provide any reasonable explanation for the delay in filing their rescission application. Despite being aware of the default judgment on 2 February 2021, they did not act within the prescribed period and offered no justification for their non-compliance with the rules of court. The court found that the applicants did not make out a case for condonation, as required by law, and therefore the application must be dismissed. As a result, it was unnecessary to consider the merits of the rescission application itself.

Citation
[2022] ZAGPJHC 305
Parties
Applicant: Baloyi: Yuza Titus; Applicant: Baloyi: Audrey Christa; Respondent: The Body Corporate of Bryan Brook
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
26 April 2022
Case Number
11423/2020
Procedural Posture
Rescission Application / Application for Condonation and Rescission of Default Judgment
Outcome
Application dismissed with costs.
Judges
Lenyai
Legal Topics
Rescission of Judgment, Condonation, Sectional Title Scheme, Default Judgment, Levies and Utilities
Civil Procedure Land and Property Rescission of Judgment Condonation Sectional Title Scheme Default Judgment Levies and Utilities

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Parties

Baloyi: Yuza Titus

Applicant

Baloyi: Audrey Christa

Applicant

The Body Corporate of Bryan Brook

Respondent

Procedural Posture

Rescission Application / Application for Condonation and Rescission of Default Judgment

Legal Issues

  1. 1 Whether the applicants have provided a sufficient explanation for the late filing of their rescission application.
  2. 2 Whether the applicants have shown good cause for the rescission of the default judgment and whether it is in the interests of justice to rescind the judgment.

Ratio Decidendi

The applicants failed to provide any reasonable explanation for the delay in filing their rescission application. Despite being aware of the default judgment on 2 February 2021, they did not act within the prescribed period and offered no justification for their non-compliance with the rules of court. The court found that the applicants did not make out a case for condonation, as required by law, and therefore the application must be dismissed. As a result, it was unnecessary to consider the merits of the rescission application itself.

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.