Moshe and Another v Firstrand Bank LImited and Others (3203/2019) [2020] ZAFSHC 106 (11 June 2020)

Moshe and Another v Firstrand Bank LImited and Others (3203/2019) [2020] ZAFSHC 106 (11 June 2020)

The court found that the applicants failed to provide a full and satisfactory explanation for the inordinate delay in bringing the application for rescission and condonation. The delay of over two years was not properly explained, and the applicants only acted after receiving eviction papers. Furthermore, the applicants did not demonstrate any prospects of success, as they conceded their indebtedness and failed to present a substantive defence. The court held that condonation is not granted merely for the asking and requires a detailed explanation and prospects of success, both of which were absent. Consequently, the application for condonation was dismissed with costs.

Citation
[2020] ZAFSHC 106
Parties
Applicant: Johannes Lethola Moshe; Applicant: Teresia Mphotleng Moshe; Respondent: Firstrand Bank Limited; Respondent: Sanki Simon Mokoena; Respondent: Tshwane Jeanette Mokoena; Respondent: Tebogo Sesupo Israel Moticoe; Respondent: Sheriff of Thaba Nchu (High Court & Magistrate’s Court); Respondent: Registrar of Deeds: Bloemfontein
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
11 June 2020
Case Number
3203/2019
Procedural Posture
Urgent Application / Application for Condonation and Rescission of Judgment
Outcome
Application for condonation dismissed with costs.
Judges
M A Mathebula
Legal Topics
Condonation, Rescission of Judgment, Default Judgment, Prospects of Success, Delay, Costs Order
Civil Procedure Condonation Rescission of Judgment Default Judgment Prospects of Success Delay Costs Order

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Parties

Johannes Lethola Moshe

Applicant

Teresia Mphotleng Moshe

Applicant

Firstrand Bank Limited

Respondent

Sanki Simon Mokoena

Respondent

Tshwane Jeanette Mokoena

Respondent

Tebogo Sesupo Israel Moticoe

Respondent

Sheriff of Thaba Nchu (High Court & Magistrate’s Court)

Respondent

Registrar of Deeds: Bloemfontein

Respondent

Procedural Posture

Urgent Application / Application for Condonation and Rescission of Judgment

Legal Issues

  1. 1 Whether the applicants have provided a sufficient explanation for the inordinate delay in bringing the application for rescission and condonation.
  2. 2 Whether the applicants have prospects of success in the main application for rescission of judgment.
  3. 3 Whether the applicants should be granted condonation for the late filing of the application.

Ratio Decidendi

The court found that the applicants failed to provide a full and satisfactory explanation for the inordinate delay in bringing the application for rescission and condonation. The delay of over two years was not properly explained, and the applicants only acted after receiving eviction papers. Furthermore, the applicants did not demonstrate any prospects of success, as they conceded their indebtedness and failed to present a substantive defence. The court held that condonation is not granted merely for the asking and requires a detailed explanation and prospects of success, both of which were absent. Consequently, the application for condonation was dismissed with costs.

Court Disposition

Application for condonation dismissed with costs.

Orders

  • The application for condonation is dismissed with costs.