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Civil Procedure [2021] ZAGPJHC 828

Gangat v Akoon (A5044/2019)

Gangat v Akoon (A5044/2019) [2021] ZAGPJHC 828 (21 December 2021)

The court held that the appellant provided a reasonable explanation for his default, supported by objective evidence such as SMS correspondence indicating he only became aware of the default judgment in September 2017. The lack of service of the judgment and absence of attempts to execute it further supported the appellant's version. The appellant also disclosed a bona fide defence in his plea and demonstrated good prospects of success. The court found that the Plascon-Evans test was incorrectly applied by the court a quo, as it is not the appropriate standard for rescission applications unde…

  • Rescission Of Default Judgment
  • Uniform Rule 31
  • Reasonable Explanation For Default
  • Bona Fide Defence
  • Application Of Plascon Evans Test
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