Gijima Holdings (Pty) Ltd v Isiqina Property Holdings (Pty) Ltd (25008/2011) [2014] ZAGPPHC 171 (2 April 2014)

Gijima Holdings (Pty) Ltd v Isiqina Property Holdings (Pty) Ltd (25008/2011) [2014] ZAGPPHC 171 (2 April 2014)

The court found that, despite the applicant's attorney's lack of diligence and failure to pay proper attention to the file, her explanation for the default was reasonable and acceptable in the absence of contradictory evidence. The attorney mistakenly believed the application for default judgment was a notice of bar and acted bona fide in seeking the indulgence. The applicant demonstrated a bona fide defence based on the alleged cession of the claim to Sizwe Cabling and the issue of prescription, both of which may require oral evidence to resolve. The respondent's opposition was not unreasonable, and the applicant should bear the costs of the opposition. Accordingly, condonation for the...

Citation
[2014] ZAGPPHC 171
Parties
Applicant: Gijima Holdings (Pty) Ltd; Respondent: Isiqina Property Holdings (Pty) Ltd
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
2 April 2014
Case Number
25008/2011
Procedural Posture
Civil Application / Application for Condonation and Upliftment of Bar; Respondent's Applications for Default Judgment and to Set Aside Plea
Outcome
Application for condonation and upliftment of bar granted; respondent's applications for default judgment and to set aside plea refused; applicant ordered to pay costs.
Judges
Avvakoumides
Legal Topics
Condonation, Notice of Bar, Default Judgment, Irregular Step, Plea Filing, Costs Order
Civil Procedure Condonation Notice of Bar Default Judgment Irregular Step Plea Filing Costs Order

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Parties

Gijima Holdings (Pty) Ltd

Applicant

Isiqina Property Holdings (Pty) Ltd

Respondent

Procedural Posture

Civil Application / Application for Condonation and Upliftment of Bar; Respondent's Applications for Default Judgment and to Set Aside Plea

Legal Issues

  1. 1 Whether the applicant has shown good cause for condonation and upliftment of the notice of bar.
  2. 2 Whether the respondent's application for default judgment should be granted.
  3. 3 Whether the respondent's applications in terms of rules 30 and 23 to set aside the plea as an irregular step should succeed.

Ratio Decidendi

The court found that, despite the applicant's attorney's lack of diligence and failure to pay proper attention to the file, her explanation for the default was reasonable and acceptable in the absence of contradictory evidence. The attorney mistakenly believed the application for default judgment was a notice of bar and acted bona fide in seeking the indulgence. The applicant demonstrated a bona fide defence based on the alleged cession of the claim to Sizwe Cabling and the issue of prescription, both of which may require oral evidence to resolve. The respondent's opposition was not unreasonable, and the applicant should bear the costs of the opposition. Accordingly, condonation for the...

Court Disposition

Application for condonation and upliftment of bar granted; respondent's applications for default judgment and to set aside plea refused; applicant ordered to pay costs.

Orders

  • The application for condonation for the late filing of the plea is granted and the notice of bar is uplifted.
  • The respondent's application for default judgment is refused.