Mahlangu and Another v Fondo's Business Enterprises (29669/2011) [2013] ZAGPPHC 154 (12 June 2013)

Mahlangu and Another v Fondo's Business Enterprises (29669/2011) [2013] ZAGPPHC 154 (12 June 2013)

The court found that the applicants' attorney provided a satisfactory explanation for the failure to file a plea timeously. Furthermore, there exists a genuine dispute regarding the building contract, specifically about why the plaintiff ceased building and why the defendants stopped payment. Such disputes are best resolved by the leading of evidence in open court. Accordingly, the requirements for rescission of the default judgment were met, and the judgment was set aside.

Citation
[2013] ZAGPPHC 154
Parties
Applicant: Mahlangu, Sibusiso Justice; Applicant: Mahlangu, Kedibone Gift; Respondent: Fondo's Business Enterprises
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
12 June 2013
Case Number
29669/2011
Procedural Posture
Rescission Application / Application for Rescission of Default Judgment
Outcome
Application for rescission granted; default judgment set aside.
Judges
Ebersohn
Legal Topics
Rescission of Judgment, Default Judgment, Building Contract Dispute
Civil Procedure Commercial and Corporate Rescission of Judgment Default Judgment Building Contract Dispute

Case Brief

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Parties

Mahlangu, Sibusiso Justice

Applicant

Mahlangu, Kedibone Gift

Applicant

Fondo's Business Enterprises

Respondent

Procedural Posture

Rescission Application / Application for Rescission of Default Judgment

Legal Issues

  1. 1 Whether the default judgment should be rescinded.
  2. 2 Whether the delay in filing a plea was satisfactorily explained.
  3. 3 Whether there is a genuine dispute requiring resolution by oral evidence.

Ratio Decidendi

The court found that the applicants' attorney provided a satisfactory explanation for the failure to file a plea timeously. Furthermore, there exists a genuine dispute regarding the building contract, specifically about why the plaintiff ceased building and why the defendants stopped payment. Such disputes are best resolved by the leading of evidence in open court. Accordingly, the requirements for rescission of the default judgment were met, and the judgment was set aside.

Court Disposition

Application for rescission granted; default judgment set aside.

Orders

  • The default judgment granted against the applicants is set aside together with all the orders made by the court on that day.