Bloem v NWK Limited (749/2021) [2024] ZANWHC 82 (20 March 2024)

Bloem v NWK Limited (749/2021) [2024] ZANWHC 82 (20 March 2024)

None of the four complaints raised by the applicant constitute irregular steps as envisaged by Rule 30(2) of the Uniform Rules of Court. The applicant's financial inability to deliver a plea does not bar NWK from proceeding with its application for default judgment. The supplementary affidavit and related correspondence do not amount to procedural irregularities. The High Court has jurisdiction to hear the matter, as provided for in the bond terms and confirmed by precedent. NWK's refusal to accept a legal tender from the applicant is not a procedural irregularity. Furthermore, the applicant failed to comply with the prescribed ten-day period for removal of the cause of complaint before...

Citation
[2024] ZANWHC 82
Parties
Applicant: Sarel Johannes Petrus Bloem; Respondent: NWK Limited
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
20 March 2024
Case Number
749/2021
Procedural Posture
Rule 30 Application / Application to Set Aside Alleged Irregular Steps Prior to Default Judgment in Main Action
Outcome
Application dismissed with costs on an attorney and client scale.
Judges
Petersen
Legal Topics
Rule 30 Irregular Proceedings, Default Judgment, Bar of Plea, Jurisdiction of High Court, Attorney and Client Costs
Civil Procedure Rule 30 Irregular Proceedings Default Judgment Bar of Plea Jurisdiction of High Court Attorney and Client Costs

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Parties

Sarel Johannes Petrus Bloem

Applicant

NWK Limited

Respondent

Procedural Posture

Rule 30 Application / Application to Set Aside Alleged Irregular Steps Prior to Default Judgment in Main Action

Legal Issues

  1. 1 Whether the application for default judgment by NWK Limited constituted an irregular step under Rule 30(2).
  2. 2 Whether the applicant's financial inability to deliver a plea bars NWK from proceeding.
  3. 3 Whether the supplementary affidavit and correspondence attached to the default judgment application are irregular steps.

Ratio Decidendi

None of the four complaints raised by the applicant constitute irregular steps as envisaged by Rule 30(2) of the Uniform Rules of Court. The applicant's financial inability to deliver a plea does not bar NWK from proceeding with its application for default judgment. The supplementary affidavit and related correspondence do not amount to procedural irregularities. The High Court has jurisdiction to hear the matter, as provided for in the bond terms and confirmed by precedent. NWK's refusal to accept a legal tender from the applicant is not a procedural irregularity. Furthermore, the applicant failed to comply with the prescribed ten-day period for removal of the cause of complaint before...

Court Disposition

Application dismissed with costs on an attorney and client scale.

Orders

  • The application is dismissed with costs on an attorney and client scale.