Georgiou v IEMAS Financial Services (Co-Operative Limited) (530/2020; 184/2020; 212/2020) [2022] ZAECMKHC 28 (3 June 2022)

Georgiou v IEMAS Financial Services (Co-Operative Limited) (530/2020; 184/2020; 212/2020) [2022] ZAECMKHC 28 (3 June 2022)

The court found that the applicants failed to provide a reasonable explanation for their absence, as they were in regular contact with their attorney and did not respond to queries regarding the summary judgment applications. The applicants' belief that the matter had been dealt with was unsupported, and their conduct indicated a lack of bona fides, with repeated failures to comply with court directions and no evidence of attempts to furnish security or amended pleas. The defence raised regarding non-receipt of Section 129 notices was rejected, as the law only requires that such notices be sent, not received, and there was evidence that the notices were properly dispatched and attached to...

Citation
[2022] ZAECMKHC 28
Parties
Applicant: Yvette Georgiou; Applicant: Phillip Georgiou; Respondent: IEMAS Financial Services (Co-Operative Limited)
Court
Eastern Cape High Court, Makhanda
Jurisdiction
South Africa
Judgment Date
3 June 2022
Case Number
530/2020; 184/2020; 212/2020
Procedural Posture
Rescission Application / Hearing of Rescission Applications
Outcome
Applications for rescission of summary judgment in cases 530/2020, 184/2020, and 212/2020 dismissed with costs on an attorney and client scale, including reserved costs from 27 January 2022.
Judges
N G Beshe
Legal Topics
Rescission of Judgment, Summary Judgment, Default Judgment, Section 129 Notice, Bona Fide Defence
Civil Procedure Rescission of Judgment Summary Judgment Default Judgment Section 129 Notice Bona Fide Defence

Case Brief

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Parties

Yvette Georgiou

Applicant

Phillip Georgiou

Applicant

IEMAS Financial Services (Co-Operative Limited)

Respondent

Procedural Posture

Rescission Application / Hearing of Rescission Applications

Legal Issues

  1. 1 Whether the applicants have shown good cause for the rescission of summary judgments granted in their absence.
  2. 2 Whether the applicants provided a reasonable explanation for their default.
  3. 3 Whether the applicants' applications for rescission are bona fide or intended to delay the respondent's claim.

Ratio Decidendi

The court found that the applicants failed to provide a reasonable explanation for their absence, as they were in regular contact with their attorney and did not respond to queries regarding the summary judgment applications. The applicants' belief that the matter had been dealt with was unsupported, and their conduct indicated a lack of bona fides, with repeated failures to comply with court directions and no evidence of attempts to furnish security or amended pleas. The defence raised regarding non-receipt of Section 129 notices was rejected, as the law only requires that such notices be sent, not received, and there was evidence that the notices were properly dispatched and attached to...

Court Disposition

Applications for rescission of summary judgment in cases 530/2020, 184/2020, and 212/2020 dismissed with costs on an attorney and client scale, including reserved costs from 27 January 2022.

Orders

  • The applications for rescission of summary judgment in cases 530/2020, 184/2020, and 212/2020 are dismissed.
  • Applicants are ordered to pay costs on a scale as between attorney and client, including costs reserved on 27 January 2022.