Zam Zam Logistics and Another v Trademore (Pty) Ltd (27424/16) [2021] ZAGPJHC 885 (23 November 2021)

Zam Zam Logistics and Another v Trademore (Pty) Ltd (27424/16) [2021] ZAGPJHC 885 (23 November 2021)

The court held that the applicants failed to provide a reasonable and acceptable explanation for their default, as it was overwhelmingly likely that Mr Tayob received at least some of the communications regarding the trial date. The personal circumstances cited did not objectively justify non-attendance, and the...

Source-derived case information.

Citation
[2021] ZAGPJHC 885
Parties
Applicant: Zam Zam Logistics; Applicant: Hassan Iqbal Tayob; Respondent: Trademore (Pty) Ltd
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
23 November 2021
Case Number
27424/16
Procedural Posture
Rescission Application / Judgment on Application for Rescission of Default Judgment
Outcome
Rescission application dismissed; costs awarded against applicants jointly and severally.
Judges
A Friedman
Legal Topics
Rescission of Judgment, Default Judgment, Close Corporation Act Section 64, Reckless Trading, Negligence, Damages for Destruction of Goods
Civil Procedure Commercial and Corporate Delict Rescission of Judgment Default Judgment Close Corporation Act Section 64 Reckless Trading Negligence +1 more

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Summary, issues, holding and outcome

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Parties

Zam Zam Logistics

Applicant

Hassan Iqbal Tayob

Applicant

Trademore (Pty) Ltd

Respondent

Procedural Posture

Rescission Application / Judgment on Application for Rescission of Default Judgment

Legal Issues

  1. 1 Whether the applicants provided a reasonable and acceptable explanation for their default in failing to appear at trial.
  2. 2 Whether the applicants have a bona fide defence with prospects of success against the respondent's claim for damages.
  3. 3 Whether the interests of justice and the balance of prejudice favour granting rescission of the default judgment.

Ratio Decidendi

The court held that the applicants failed to provide a reasonable and acceptable explanation for their default, as it was overwhelmingly likely that Mr Tayob received at least some of the communications regarding the trial date. The personal circumstances cited did not objectively justify non-attendance, and the delay in bringing the rescission application weighed against granting relief. On the merits, the applicants' conduct in destroying the goods was found to be reckless, and there was no reasonable prospect of success in defending the claim. The damages awarded were justified and not inflated. Although there was a triable issue regarding the calculation of interest, reopening the...

Court Disposition

Rescission application dismissed; costs awarded against applicants jointly and severally.

Orders

  • The rescission application under case number 27424/16 is dismissed.
  • The applicants are jointly and severally liable to pay the respondent's costs, the one paying the other to be absolved.