Lezimin 1404 CC and Another v Scania Finance South Africa (Pty) Ltd (2010/44236) [2013] ZAGPJHC 278 (4 November 2013)

Lezimin 1404 CC and Another v Scania Finance South Africa (Pty) Ltd (2010/44236) [2013] ZAGPJHC 278 (4 November 2013)

The court found that jurisdiction was established because the agreements were concluded in Johannesburg and payment was to be made at the respondent's domicilium in Johannesburg. The applicants' reliance on the location of the debit order arrangement was irrelevant. The applicants, being the authors of their own difficulties, failed to raise the jurisdictional objection at the appropriate time and did not meet the requirements for rescission under Rule 42(1)(a). The court exercised its discretion against the applicants and dismissed the application with costs.

Citation
[2013] ZAGPJHC 278
Parties
Applicant: Lezimin 1404 CC; Applicant: Schalk Willem Erlank; Respondent: Scania Finance South Africa (Pty) Ltd
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
4 November 2013
Case Number
2010/44236
Procedural Posture
Rescission Application / Application for Rescission of Default Judgment Under Rule 42(1)(a)
Outcome
Application for rescission of default judgment dismissed with costs.
Judges
FHD Van Oosten
Legal Topics
Rescission of Judgment, Jurisdiction, Default Judgment, Financial Lease Agreement
Civil Procedure Commercial and Corporate Rescission of Judgment Jurisdiction Default Judgment Financial Lease Agreement

Case Brief

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Parties

Lezimin 1404 CC

Applicant

Schalk Willem Erlank

Applicant

Scania Finance South Africa (Pty) Ltd

Respondent

Procedural Posture

Rescission Application / Application for Rescission of Default Judgment Under Rule 42(1)(a)

Legal Issues

  1. 1 Whether the default judgment was erroneously granted due to lack of jurisdiction.
  2. 2 Whether the court had jurisdiction based on the place of contract conclusion and performance.
  3. 3 Whether the applicants are entitled to rescission of judgment under Rule 42(1)(a).

Ratio Decidendi

The court found that jurisdiction was established because the agreements were concluded in Johannesburg and payment was to be made at the respondent's domicilium in Johannesburg. The applicants' reliance on the location of the debit order arrangement was irrelevant. The applicants, being the authors of their own difficulties, failed to raise the jurisdictional objection at the appropriate time and did not meet the requirements for rescission under Rule 42(1)(a). The court exercised its discretion against the applicants and dismissed the application with costs.

Court Disposition

Application for rescission of default judgment dismissed with costs.

Orders

  • The application for rescission is dismissed.
  • Applicants are ordered to pay the costs of the application.