Moosa v Hlongwa (72948/2014) [2016] ZAGPPHC 853 (19 September 2016)

Moosa v Hlongwa (72948/2014) [2016] ZAGPPHC 853 (19 September 2016)

The applicant failed to provide a satisfactory explanation for his default, as he did not address the issue of service of the notice of motion and set down, nor did he provide supporting evidence for his claim of absence. The period of absence cited by the applicant was irrelevant to the time when he was required to oppose the urgent application and attend court. The applicant did not comply with the rules by filing a notice of intention to oppose or attending court when notified. Consequently, the applicant did not meet the requirements for rescission under rule 42, and the application was dismissed with costs.

Citation
[2016] ZAGPPHC 853
Parties
Applicant: Nicholas Moses Moosa; Respondent: Sthalane Timothy Hlongwa
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
19 September 2016
Case Number
72948/2014
Procedural Posture
Rescission Application / Hearing and Judgment
Outcome
Application for rescission dismissed with costs.
Judges
Molahlehi
Legal Topics
Rescission of Judgment, Default Judgment, Rule 42, Condonation
Civil Procedure Rescission of Judgment Default Judgment Rule 42 Condonation

Case Brief

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Parties

Nicholas Moses Moosa

Applicant

Sthalane Timothy Hlongwa

Respondent

Procedural Posture

Rescission Application / Hearing and Judgment

Legal Issues

  1. 1 Whether the applicant provided a reasonable explanation for his default in failing to oppose the urgent application.
  2. 2 Whether the applicant demonstrated a bona fide defence to the respondent's claim.
  3. 3 Whether the applicant's application for rescission meets the requirements under rule 42.

Ratio Decidendi

The applicant failed to provide a satisfactory explanation for his default, as he did not address the issue of service of the notice of motion and set down, nor did he provide supporting evidence for his claim of absence. The period of absence cited by the applicant was irrelevant to the time when he was required to oppose the urgent application and attend court. The applicant did not comply with the rules by filing a notice of intention to oppose or attending court when notified. Consequently, the applicant did not meet the requirements for rescission under rule 42, and the application was dismissed with costs.

Court Disposition

Application for rescission dismissed with costs.

Orders

  • The applicant's application to rescind the order of this court made on 12 February 2015 is dismissed with costs.