Mosita v Firstrand Bank Limited (21545/2017) [2020] ZAGPPHC 131 (7 April 2020)

Mosita v Firstrand Bank Limited (21545/2017) [2020] ZAGPPHC 131 (7 April 2020)

The court refused the postponement, finding that the applicant had ample opportunity to advance his case and that the matter had already been delayed. The applicant failed to provide a satisfactory explanation for the postponement and did not tender costs or supply an affidavit justifying the request. Regarding the founding affidavit, the applicant claimed the signature was not his, but provided no evidence to support this assertion. Even if the affidavit was invalid, the application would stand to be dismissed for lack of evidence. On the merits, the applicant did not make out a case for rescission under Rule 42 or the common law. He failed to provide a reasonable explanation for his...

Citation
[2020] ZAGPPHC 131
Parties
Applicant: Derick Butinyana Mosito; Respondent: Firstrand Bank Limited
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
7 April 2020
Case Number
21545/2017
Procedural Posture
Rescission Application / Opposed Motion for Rescission of Summary Judgment
Outcome
Application for rescission dismissed with costs.
Judges
SJ Cowen
Legal Topics
Rescission of Judgment, Summary Judgment, Default Judgment, Rule 42, Rule 31 2 B, Rule 46a
Civil Procedure Land and Property Rescission of Judgment Summary Judgment Default Judgment Rule 42 Rule 31 2 B Rule 46a

Case Brief

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Parties

Derick Butinyana Mosito

Applicant

Firstrand Bank Limited

Respondent

Procedural Posture

Rescission Application / Opposed Motion for Rescission of Summary Judgment

Legal Issues

  1. 1 Whether the court should grant a postponement of the rescission application.
  2. 2 Whether the founding affidavit in the rescission application is valid.
  3. 3 Whether the applicant has made out a case for rescission of judgment under Rule 42 or the common law.

Ratio Decidendi

The court refused the postponement, finding that the applicant had ample opportunity to advance his case and that the matter had already been delayed. The applicant failed to provide a satisfactory explanation for the postponement and did not tender costs or supply an affidavit justifying the request. Regarding the founding affidavit, the applicant claimed the signature was not his, but provided no evidence to support this assertion. Even if the affidavit was invalid, the application would stand to be dismissed for lack of evidence. On the merits, the applicant did not make out a case for rescission under Rule 42 or the common law. He failed to provide a reasonable explanation for his...

Court Disposition

Application for rescission dismissed with costs.

Orders

  • The application is dismissed with costs.