Draht and Others v Manqele and Others (2014/29501)
Draht and Others v Manqele and Others (2014/29501) [2017] ZAGPPHC 44 (14 February 2017)
The court held that Rule 26 does not apply to time periods prescribed by a court order, but only to those set out in the Rules or extended in terms of the Rules. Therefore, the applicants were not automatically barred from delivering their declaration for failing to comply with the time period in the court order. However, since the applicants delivered their declaration out of time and did not seek condonation or an extension under Rule 27, the application for default judgment was not properly before the court. The notice of bar issued by the applicants was set aside, the application for defa…
Source excerpt
- Default Judgment
- Notice Of Bar
- Rule 26
- Rule 27
- Late Delivery Of Pleadings