Sekgobela v Thamaga and Others (15263/2017) [2022] ZAGPJHC 660 (8 September 2022)

Sekgobela v Thamaga and Others (15263/2017) [2022] ZAGPJHC 660 (8 September 2022)

The court found that the applicant provided a reasonable explanation for the delay in filing the rescission application, which was primarily caused by the misplacement of the court file and not attributable to him. The respondents' delay in filing their notice of intention to oppose and opposing affidavit was also...

Source-derived case information.

Citation
[2022] ZAGPJHC 660
Parties
Applicant: Sekgobela, John Phetola; Respondent: Thamaga, Noko Albert; Respondent: Thamaga, Kolobe Francinha; Respondent: The Registrar of Deeds
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
8 September 2022
Case Number
15263/2017
Procedural Posture
Rescission Application / Application for Rescission of Default Judgment and Condonation
Outcome
Rescission application granted; default judgment set aside; condonation applications granted; costs awarded against first and second respondents.
Judges
Mdalana-Mayisela
Legal Topics
Rescission of Judgment, Condonation, Default Judgment, Deeds Registry Act, Service of Process
Civil Procedure Land and Property Rescission of Judgment Condonation Default Judgment Deeds Registry Act Service of Process

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Parties

Sekgobela, John Phetola

Applicant

Thamaga, Noko Albert

Respondent

Thamaga, Kolobe Francinha

Respondent

The Registrar of Deeds

Respondent

Procedural Posture

Rescission Application / Application for Rescission of Default Judgment and Condonation

Legal Issues

  1. 1 Whether the applicant's delay in filing the rescission application should be condoned.
  2. 2 Whether the respondents' delay in filing their notice of intention to oppose and opposing affidavit should be condoned.
  3. 3 Whether the default judgment was erroneously sought or granted in the absence of the applicant.

Ratio Decidendi

The court found that the applicant provided a reasonable explanation for the delay in filing the rescission application, which was primarily caused by the misplacement of the court file and not attributable to him. The respondents' delay in filing their notice of intention to oppose and opposing affidavit was also reasonably explained and not lengthy. The default judgment was granted in the absence of the applicant, who was not aware of the hearing date and had not abandoned his defence. There was no evidence that the applicant was notified of the hearing or his attorneys' withdrawal. The court held that the default judgment was erroneously sought and granted, satisfying the requirements...

Court Disposition

Rescission application granted; default judgment set aside; condonation applications granted; costs awarded against first and second respondents.

Orders

  • The late filing of the rescission application is condoned.
  • The late filing of the notice of intention to oppose and opposing affidavit is condoned.