Madzibadela and Another v Standard Bank of South Africa Limited and Another (1878/2022; 1879/2022) [2023] ZAFSHC 245 (19 June 2023)

Madzibadela and Another v Standard Bank of South Africa Limited and Another (1878/2022; 1879/2022) [2023] ZAFSHC 245 (19 June 2023)

The court found that the applicants were procedurally barred from filing their pleas after the notice of bar had expired, and thus their pleas had no effect on the granting of the default judgments. The respondent complied with Rule 31(5)(a) by giving proper notice of intention to apply for default judgment, which was received by the applicants’ attorneys. The applicants’ argument that they should have been notified of the specific date for the application was rejected, as the rules do not require such notice beyond the intention. The Rezaei case was distinguished, as the procedural defect present there did not exist in the current matter. The court concluded that there was no reasonable...

Citation
[2023] ZAFSHC 245
Parties
Applicant: Mpho Jonathan Madzibadela; Applicant: Palesa Mosia; Respondent: Standard Bank of South Africa Limited; Defendant: Cymbol Consulting (Pty) Ltd
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
19 June 2023
Case Number
1878/2022; 1879/2022
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Refusal of Rescission of Default Judgment
Outcome
Application for leave to appeal dismissed with costs.
Judges
P. J. Loubser
Legal Topics
Default Judgment, Rescission of Judgment, Rule 31, Rule 42, Notice of Bar, Suretyship
Civil Procedure Banking and Finance Default Judgment Rescission of Judgment Rule 31 Rule 42 Notice of Bar Suretyship

Case Brief

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Parties

Mpho Jonathan Madzibadela

Applicant

Palesa Mosia

Applicant

Standard Bank of South Africa Limited

Respondent

Cymbol Consulting (Pty) Ltd

Defendant

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against Refusal of Rescission of Default Judgment

Legal Issues

  1. 1 Whether the applicants have shown good cause for rescission of the default judgments under Rule 31(2)(b) and Rule 42.
  2. 2 Whether the default judgments were erroneously sought or granted in the absence of the applicants.
  3. 3 Whether proper notice of intention to apply for default judgment was given to the applicants as required by Rule 31(5)(a).

Ratio Decidendi

The court found that the applicants were procedurally barred from filing their pleas after the notice of bar had expired, and thus their pleas had no effect on the granting of the default judgments. The respondent complied with Rule 31(5)(a) by giving proper notice of intention to apply for default judgment, which was received by the applicants’ attorneys. The applicants’ argument that they should have been notified of the specific date for the application was rejected, as the rules do not require such notice beyond the intention. The Rezaei case was distinguished, as the procedural defect present there did not exist in the current matter. The court concluded that there was no reasonable...

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed.
  • The applicants are ordered to pay the costs of the application.