Bayport Securitisation (RF) Ltd v Bambiso; Bayport Securitisation (RF) Ltd v Mantsanga; Bayport Securitisation (RF) Ltd v Zixesha (CA27/2017; CA370/2016; CA310/2016) [2020] ZAECGHC 68 (25 June 2020)

Bayport Securitisation (RF) Ltd v Bambiso; Bayport Securitisation (RF) Ltd v Mantsanga; Bayport Securitisation (RF) Ltd v Zixesha (CA27/2017; CA370/2016; CA310/2016) [2020] ZAECGHC 68 (25 June 2020)

The respondents failed to establish good cause for rescission of the default judgments and did not set out any bona fide defence with prospects of success. Their affidavits contained no evidence of a triable issue, and they acquiesced in the judgments by making payments pursuant to written consents. The Magistrate erred in granting rescission orders, as the requirements for rescission were not met. The appeals are upheld, and the Magistrate's orders are set aside and replaced with orders dismissing the applications for rescission with costs.

Citation
[2020] ZAECGHC 68
Parties
Appellant: Bayport Securitisation (RF) Ltd; Respondent: Boniwe Belinda Bambiso; Respondent: Nonkululeko Mantsanga; Respondent: Zanyiwe Princess Zixesha
Court
Eastern Cape High Court, Grahamstown
Jurisdiction
South Africa
Judgment Date
25 June 2020
Case Number
CA27/2017; CA370/2016; CA310/2016
Procedural Posture
Civil Appeal / Appeal From Magistrate's Court Rescission Orders
Outcome
Appeal upheld; Magistrate's rescission orders set aside; applications for rescission dismissed with costs.
Judges
A Beyleveld, J Roberson
Legal Topics
Rescission of Judgment, Magistrates Court Act, Consent to Judgment, Bona Fide Defence
Civil Procedure Rescission of Judgment Magistrates Court Act Consent to Judgment Bona Fide Defence

Case Brief

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Parties

Bayport Securitisation (RF) Ltd

Appellant

Boniwe Belinda Bambiso

Respondent

Nonkululeko Mantsanga

Respondent

Zanyiwe Princess Zixesha

Respondent

Procedural Posture

Civil Appeal / Appeal From Magistrate's Court Rescission Orders

Legal Issues

  1. 1 Whether the respondents established good cause for rescission of default judgments.
  2. 2 Whether the respondents set out a bona fide defence with prospects of success.
  3. 3 Whether the Magistrate erred in granting rescission orders despite written consents to judgment.

Ratio Decidendi

The respondents failed to establish good cause for rescission of the default judgments and did not set out any bona fide defence with prospects of success. Their affidavits contained no evidence of a triable issue, and they acquiesced in the judgments by making payments pursuant to written consents. The Magistrate erred in granting rescission orders, as the requirements for rescission were not met. The appeals are upheld, and the Magistrate's orders are set aside and replaced with orders dismissing the applications for rescission with costs.

Court Disposition

Appeal upheld; Magistrate's rescission orders set aside; applications for rescission dismissed with costs.

Orders

  • The appeal is upheld with costs.
  • The order of the Magistrate is set aside and replaced with: 'The application is dismissed with costs.'