Ratshitanga v Firstrand Bank Limited (23989/2013) [2021] ZAGPPHC 496 (10 August 2021)

Ratshitanga v Firstrand Bank Limited (23989/2013) [2021] ZAGPPHC 496 (10 August 2021)

The court found that the applicant failed to establish that the default judgment was erroneously granted under Rule 42(1)(a). The summons was properly served at the applicant's chosen address, and the respondent was procedurally entitled to the order after no appearance to defend was entered. The applicant did not provide an acceptable explanation for his default or the significant delay in bringing the rescission application, having waited nearly six years after judgment and three years after becoming aware of it. The applicant acknowledged the debt and arrears, and did not demonstrate that he honoured alternative payment arrangements. His reliance on Gundwana was misplaced, as the...

Citation
[2021] ZAGPPHC 496
Parties
Applicant: Ravhalusani Ratshitanga; Respondent: Firstrand Bank Limited
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
10 August 2021
Case Number
23989/2013
Procedural Posture
Rescission Application / Application for Rescission of Default Judgment Under Rule 42(1)(a), Heard on Papers After Initial Judge Became Unavailable.
Outcome
Application for rescission of the order granted by Tolmay J on 7 October 2013 is dismissed with costs.
Judges
E van der Schyff
Legal Topics
Rescission of Judgment, Default Judgment, Service of Process, National Credit Act, Mortgage Loan, Delay in Application
Civil Procedure Banking and Finance Rescission of Judgment Default Judgment Service of Process National Credit Act Mortgage Loan Delay in Application

Case Brief

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Parties

Ravhalusani Ratshitanga

Applicant

Firstrand Bank Limited

Respondent

Procedural Posture

Rescission Application / Application for Rescission of Default Judgment Under Rule 42(1)(a), Heard on Papers After Initial Judge Became Unavailable.

Legal Issues

  1. 1 Whether the default judgment granted on 7 October 2013 was erroneously granted within the meaning of Rule 42(1)(a).
  2. 2 Whether the applicant provided a reasonable explanation for his default and delay in bringing the rescission application.
  3. 3 Whether the applicant established a bona fide defence with prospects of success.

Ratio Decidendi

The court found that the applicant failed to establish that the default judgment was erroneously granted under Rule 42(1)(a). The summons was properly served at the applicant's chosen address, and the respondent was procedurally entitled to the order after no appearance to defend was entered. The applicant did not provide an acceptable explanation for his default or the significant delay in bringing the rescission application, having waited nearly six years after judgment and three years after becoming aware of it. The applicant acknowledged the debt and arrears, and did not demonstrate that he honoured alternative payment arrangements. His reliance on Gundwana was misplaced, as the...

Court Disposition

Application for rescission of the order granted by Tolmay J on 7 October 2013 is dismissed with costs.

Orders

  • The application for rescission of the order granted by Tolmay J on 7 October 2013 is dismissed.
  • The applicant is to pay the costs of the application.