Mohlamme and Others v Mohlamme and Others (70015/11) [2014] ZAGPPHC 46 (28 February 2014)

Mohlamme and Others v Mohlamme and Others (70015/11) [2014] ZAGPPHC 46 (28 February 2014)

The court found that the applicants failed to provide a clear and satisfactory explanation for the delay in bringing the rescission application, as they gave conflicting dates regarding when they became aware of the default judgment and did not explain the period between awareness and filing. Furthermore, the applicants did not address the degree of lateness or provide any indication of prospects of success in their application for condonation. The application was considered scant and lacking in material particulars required for the exercise of judicial discretion. Consequently, the court held that the applicants had not shown sufficient cause for condonation and refused the application...

Citation
[2014] ZAGPPHC 46
Parties
Applicant: Pinky Mohlamme Priscilla obo Molebogeng Dotothy Masheo Mohlamme; Applicant: Tshepo Tomelo Mohlamme; Applicant: Lerato Martha Constance Mohlamme; Applicant: Keagile Daniel Richard Mohlamme; Applicant: Mr. Gontse Mohlamme; Respondent: Yvone Matshidiso Mohlamme; Respondent: Lehlogonolo Elizabeth Tsotetso; Respondent: The Master of the High Court
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
28 February 2014
Case Number
70015/11
Procedural Posture
Urgent Application / Application for Condonation and Rescission of Default Judgment
Outcome
Application for condonation refused with costs.
Judges
KGANYAGO
Legal Topics
Rescission of Judgment, Condonation, Default Judgment, Uniform Rules, Wills Act
Civil Procedure Rescission of Judgment Condonation Default Judgment Uniform Rules Wills Act

Case Brief

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Parties

Pinky Mohlamme Priscilla obo Molebogeng Dotothy Masheo Mohlamme

Applicant

Tshepo Tomelo Mohlamme

Applicant

Lerato Martha Constance Mohlamme

Applicant

Keagile Daniel Richard Mohlamme

Applicant

Mr. Gontse Mohlamme

Applicant

Yvone Matshidiso Mohlamme

Respondent

Lehlogonolo Elizabeth Tsotetso

Respondent

The Master of the High Court

Respondent

Procedural Posture

Urgent Application / Application for Condonation and Rescission of Default Judgment

Legal Issues

  1. 1 Whether the applicants have shown sufficient cause for condonation of the late filing of the rescission application.
  2. 2 Whether the applicants have provided a satisfactory explanation for the delay.
  3. 3 Whether the applicants have demonstrated prospects of success in the rescission application.

Ratio Decidendi

The court found that the applicants failed to provide a clear and satisfactory explanation for the delay in bringing the rescission application, as they gave conflicting dates regarding when they became aware of the default judgment and did not explain the period between awareness and filing. Furthermore, the applicants did not address the degree of lateness or provide any indication of prospects of success in their application for condonation. The application was considered scant and lacking in material particulars required for the exercise of judicial discretion. Consequently, the court held that the applicants had not shown sufficient cause for condonation and refused the application...

Court Disposition

Application for condonation refused with costs.

Orders

  • The applicants' application for condonation is refused with costs.