Alexandra Forbes v Cingo (A94/2022)
Alexandra Forbes v Cingo (A94/2022) [2023] ZAGPPHC 1833 (24 October 2023)
The appeal court found that the appellant provided a reasonable and acceptable explanation for its default, which was not wilful or grossly negligent but resulted from an administrative change during a merger and acquisition process. The appellant was unaware of the summons due to the change in the claims handler's email address and took prompt steps to seek rescission upon learning of the default judgment. The court held that the appellant's defences were bona fide and had a prima facie basis, entitling it to an opportunity to be heard. The requirements for rescission under rule 31(2)(b) and…
Source excerpt
- Rescission Of Default Judgment
- Insurance Contract Dispute
- Wilful Default
- Bona Fide Defence
- Uniform Rules Of Court
- Merger And Acquisition Effects