KTS General Traders CC v Mapheto Business Services CC (2028/2017) [2020] ZALMPPHC 57 (28 July 2020)

KTS General Traders CC v Mapheto Business Services CC (2028/2017) [2020] ZALMPPHC 57 (28 July 2020)

The applicant brought its rescission application 16 months after becoming aware of the default judgment, far outside the prescribed 20-day period. The explanation for the delay was vague, lacking detail and supporting affidavits, and failed to account for the period between June 2018 and October 2019. The applicant did not identify the staff responsible, nor did it clarify the basis for its belief that the rescission application had been brought. The confirmatory affidavit from its attorney did not address critical timeframes. On prospects of success, the applicant failed to challenge the respondent’s evidence that the work was completed and approved, and that payment was made. The...

Citation
[2020] ZALMPPHC 57
Parties
Applicant: KTS General Traders CC; Respondent: Mapheto Business Services CC
Court
Limpopo High Court, Polokwane
Jurisdiction
South Africa
Judgment Date
28 July 2020
Case Number
2028/2017
Procedural Posture
Rescission Application / Application for Condonation and Rescission of Default Judgment
Outcome
The applicant’s condonation application is dismissed with costs.
Judges
KGANYAGO
Legal Topics
Rescission of Judgment, Condonation, Default Judgment, Rule 31 2 B
Civil Procedure Rescission of Judgment Condonation Default Judgment Rule 31 2 B

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Parties

KTS General Traders CC

Applicant

Mapheto Business Services CC

Respondent

Procedural Posture

Rescission Application / Application for Condonation and Rescission of Default Judgment

Legal Issues

  1. 1 Whether the applicant has provided a satisfactory explanation for the delay in bringing the rescission application.
  2. 2 Whether the applicant has demonstrated prospects of success in the rescission application.
  3. 3 Whether condonation for the late filing of the rescission application should be granted.

Ratio Decidendi

The applicant brought its rescission application 16 months after becoming aware of the default judgment, far outside the prescribed 20-day period. The explanation for the delay was vague, lacking detail and supporting affidavits, and failed to account for the period between June 2018 and October 2019. The applicant did not identify the staff responsible, nor did it clarify the basis for its belief that the rescission application had been brought. The confirmatory affidavit from its attorney did not address critical timeframes. On prospects of success, the applicant failed to challenge the respondent’s evidence that the work was completed and approved, and that payment was made. The...

Court Disposition

The applicant’s condonation application is dismissed with costs.

Orders

  • The applicant’s condonation application is dismissed with costs on party and party scale.