Magricor (Pty) Ltd v Border Seed Distributors CC (1072/2020) [2021] ZAECGHC 2 (12 January 2021)

Magricor (Pty) Ltd v Border Seed Distributors CC (1072/2020) [2021] ZAECGHC 2 (12 January 2021)

The court found that the sheriff did not comply with the jurisdictional requirements of rule 4(1)(a)(v) of the Uniform Rules of Court. Service by affixing the summons to the main entrance door of the applicant's registered office was only permissible if a responsible employee was present and unwilling to accept service. In this case, the sheriff's return of service did not indicate any interaction with employees, nor did it establish that any employee was unwilling to accept service. The absence of employees does not permit service by affixing under the rule. This procedural error rendered the service improper and, consequently, the default judgment was erroneously granted in the...

Citation
[2021] ZAECGHC 2
Parties
Applicant: Magricor (Pty) Ltd; Respondent: Border Seed Distributors CC
Court
Eastern Cape High Court, Grahamstown
Jurisdiction
South Africa
Judgment Date
12 January 2021
Case Number
1072/2020
Procedural Posture
Rescission Application / Application for Rescission of Default Judgment Under Rule 42(1)(a)
Outcome
Application for rescission of default judgment granted in favour of the applicant.
Judges
G H Bloem
Legal Topics
Service of Process, Default Judgment, Rescission of Judgment, Uniform Rules of Court, Substantial Compliance
Civil Procedure Service of Process Default Judgment Rescission of Judgment Uniform Rules of Court Substantial Compliance

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Parties

Magricor (Pty) Ltd

Applicant

Border Seed Distributors CC

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Was the default judgment granted against the applicant erroneously in its absence due to improper service of summons?
  2. 2 Did the sheriff comply with rule 4(1)(a)(v) when serving the summons on the applicant company?
  3. 3 Does service by affixing the summons to the main entrance door constitute valid service under the Uniform Rules of Court when no employees are present?

Ratio Decidendi

The court found that the sheriff did not comply with the jurisdictional requirements of rule 4(1)(a)(v) of the Uniform Rules of Court. Service by affixing the summons to the main entrance door of the applicant's registered office was only permissible if a responsible employee was present and unwilling to accept service. In this case, the sheriff's return of service did not indicate any interaction with employees, nor did it establish that any employee was unwilling to accept service. The absence of employees does not permit service by affixing under the rule. This procedural error rendered the service improper and, consequently, the default judgment was erroneously granted in the...

Court Disposition

Application for rescission of default judgment granted in favour of the applicant.

Orders

  • The default judgment granted in favour of the respondent against the applicant on 7 July 2020 is rescinded.
  • The respondent shall pay the applicant's costs of the application to rescind the aforesaid default judgment.