Mkhabela Incorporated and Others v Standard Bank of South Africa Ltd (2022-16350) [2025] ZAGPJHC 479 (19 May 2025)

SAFLII Note: Certain personal/private details of parties or witnesses have been redacted from this document in compliance with the law and SAFLII Policy

REPUBLIC OF SOUTH AFRICA

IN THE HIGH COURT OF SOUTH AFRICA

(GAUTENG DIVISION, JOHANNESBURG)

Case No: 2022/16350

(1) REPORTABLE: NO

(2) OF INTEREST TO OTHER JUDGES: NO

(3) REVISED: NO

IN THE MATTER BETWEEN:

MKHABELA INCORPORATED

FIRST APPLICANT

(Registration No: 2003/006142/21)

ARNOLD MKHABELA

SECOND APPLICANT

(ID No: 7[…])

FIKILE PEARL MKHABELA

THIRD APPLICANT

AND

THE STANDARD BANK

OF SOUTH AFRICA LTD

RESPONDENT

JUDGMENT

NAIR AJ

1. This is an application lodged by the First, Second and Third applicants for rescission of the default judgment granted in favour of the Standard Bank of South Africa Ltd on 16 October 2023 by Wright J. It needs to be said that no default judgment order was granted against the Third applicant by Wright J. The Third applicant is the wife of the Second applicant whom they are married to in community of property to each other.

2. The First, Second and Third applicant's further seek condonation for the delay in applying for rescission of the default judgment dated 5 June 2023. This is the interlocutory order of Makume J compelling the First, Second and Third applicants to file heads of arguments in the main application lodged by the Standard Bank of South Africa Limited.

3. The First, Second and Third applicants further requested that the order of Makume J granted on 5 June 2023 be rescinded and set aside; i.e.; the order compelling heads of argument to be filed in the main application.

4. At the hearing of the matter the First, Second and Third applicant’s failed to attend court despite the Respondent serving a final notice of set down on them via email on 3 October 2024 for hearing of the rescission application on 19 May 2025.

5. The First, Second and Third applicants did not file a joint practice note in compliance with Consolidated Practice Directive 25.17 of Practice Directive 1/2024 and furthermore no heads of argument were filed by the First, Second and Third applicants in compliance with Consolidated Practice Directive 25.1.1 of the Practice Directives 1/2024. The Respondent filed a unilateral minute, heads of argument and set the rescission application down for hearing.

6. Due to the First, Second and Third applicant’s failure to attend court on 19 May 2025, there was no argument presented on their behalf for the condonation application to be dealt with for the late filing of the rescission application against the order granted on 5 June 2023 by Makume J.

7. Under the circumstances counsel for the Respondent submitted that the First, Second and Third applicant’s have failed to make out a proper case for the rescission of the judgment by default granted by Wright J on 16 October 2023 as well as that of Makume J on 5 June 2023 in terms of the Rule 42(1)(a) of the Uniform Rules of the High Court. I agree with this submission.

8. Adv Jacobs handed up the draft order dated 19 May 2025 which I have marked as “X” and made an order of court.

M NAIR

ACTING JUDGE OF THE

HIGH COURT

JOHANNESBURG

This Judgment is handed down electronically by circulation to the Applicant’s Legal Representative and the Respondents by email, publication on Case Lines. The date for the handing down is deemed 19 May 2025

Date of appearance: 19 May 2025

Date Judgment delivered:19 May 2025

Appearances:

For the Applicant: No appearances for First, Second and Third Applicants

Instructed by: Mkhabela Incorporated

011 807 6046

ndmochaki@mkhabelainc.co.za/ boikanyo@mkhabelainc.co.za

phyliss@mkhabelainc.co.za

For the Respondent: Adv Shaun Jacobs

Instructed by: Stupel & Berman Inc

Elzaan@stupelberman.co.za

011 074 6944/ 072 707 2880