Mokachane v Seven Eleven (JS866/01) [2002] ZALC 144 (31 May 2002)

Mokachane v Seven Eleven (JS866/01) [2002] ZALC 144 (31 May 2002)

The court found that the applicant was properly served with both the statement of claim and the notice of set down and was aware of the hearing date for default judgment. The applicant's affidavit, which complained about the legibility of the statement of claim, was not a proper response and did not constitute a valid defence. The applicant failed to attend court and did not provide a reasonable explanation for its default or set out facts indicating a bona fide defence. The court held that the applicant was the author of its own misfortune and that the judgment was not erroneously sought or granted. No good cause was shown for the default, and the application for rescission was dismissed.

Citation
[2002] ZALC 144
Parties
Applicant: Constance Mokhachane; Respondent: Seven Eleven
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
31 May 2002
Case Number
JS866/01
Procedural Posture
Rescission Application / Application to Rescind Default Judgment
Outcome
Application for rescission dismissed with costs.
Judges
Ngcamu
Legal Topics
Rescission of Judgment, Default Judgment, Good Cause Requirement, Procedural Fairness
Labour Law Civil Procedure Rescission of Judgment Default Judgment Good Cause Requirement Procedural Fairness

Case Brief

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Parties

Constance Mokhachane

Applicant

Seven Eleven

Respondent

Procedural Posture

Rescission Application / Application to Rescind Default Judgment

Legal Issues

  1. 1 Whether the default judgment granted on 3 October 2001 was erroneously sought or granted in the absence of the applicant.
  2. 2 Whether the applicant has shown good cause for its default and prospects of success in defending the claim.

Ratio Decidendi

The court found that the applicant was properly served with both the statement of claim and the notice of set down and was aware of the hearing date for default judgment. The applicant's affidavit, which complained about the legibility of the statement of claim, was not a proper response and did not constitute a valid defence. The applicant failed to attend court and did not provide a reasonable explanation for its default or set out facts indicating a bona fide defence. The court held that the applicant was the author of its own misfortune and that the judgment was not erroneously sought or granted. No good cause was shown for the default, and the application for rescission was dismissed.

Court Disposition

Application for rescission dismissed with costs.

Orders

  • The application for rescission is dismissed with costs.