MM Chartered Accountants Inc. v Ntokazi Consulting (Pty) Ltd (2021/54556) [2024] ZAGPPHC 251 (11 March 2024)

MM Chartered Accountants Inc. v Ntokazi Consulting (Pty) Ltd (2021/54556) [2024] ZAGPPHC 251 (11 March 2024)

The court found that the respondent was bound by the order of 5 April 2022, which directed that the matter be heard in the opposed motion court. The respondent's act of enrolling the matter as unopposed was improper and resulted in the judgment being granted in error. The applicant, although dilatory in its conduct...

Source-derived case information.

Citation
[2024] ZAGPPHC 251
Parties
Applicant: MM Chartered Accountants Inc.; Respondent: Ntokazi Consulting (Pty) Ltd
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
11 March 2024
Case Number
2021/54556
Procedural Posture
Rescission Application / Judgment
Outcome
Application for rescission granted; judgment in favour of respondent rescinded; applicant to pay costs on attorney and client scale.
Judges
Omphemetse Mooki
Legal Topics
Rescission of Judgment, Default Judgment, Rule 42, Rule 31 2 B, Rule 27 1, Costs Order
Civil Procedure Rescission of Judgment Default Judgment Rule 42 Rule 31 2 B Rule 27 1 Costs Order

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Summary, issues, holding and outcome

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Parties

MM Chartered Accountants Inc.

Applicant

Ntokazi Consulting (Pty) Ltd

Respondent

Procedural Posture

Rescission Application / Judgment

Legal Issues

  1. 1 Whether the judgment granted in favour of the respondent should be rescinded.
  2. 2 Whether the respondent was entitled to enroll the matter as unopposed after the court ordered it to be heard in the opposed motion court.
  3. 3 Whether the applicant's dilatory conduct affects entitlement to costs.

Ratio Decidendi

The court found that the respondent was bound by the order of 5 April 2022, which directed that the matter be heard in the opposed motion court. The respondent's act of enrolling the matter as unopposed was improper and resulted in the judgment being granted in error. The applicant, although dilatory in its conduct and failing to prosecute its Rule 27(1) application or file necessary pleadings timeously, was entitled to rescission of the judgment. However, due to the applicant's lack of diligence and delay in bringing the rescission application only after the writ of execution was issued, the court ordered that the applicant pay the costs on an attorney and client scale.

Court Disposition

Application for rescission granted; judgment in favour of respondent rescinded; applicant to pay costs on attorney and client scale.

Orders

  • The judgment made in favour of the respondent on 1 July 2022 is rescinded.
  • The applicant is ordered to pay the costs on an attorney and client scale.