Msimango v Peters (2021/A3026)
Msimango v Peters (2021/A3026) [2022] ZAGPJHC 418 (21 June 2022)
The court held that the Hyde Park house constituted a valid residence for service under rule 9(3)(b), as the appellant owned the property, visited it regularly, and had previously accepted service there without objection. The irregular step application was procedurally incompetent, having been brought almost a year out of time without condonation, and sought relief not contemplated by the rules. The magistrates' notes on the file were not binding orders but mere queries or requests, and did not justify setting aside the summons. The appellant's conduct, including delay, technical objections,…
Source excerpt
- Service Of Process
- Magistrates Court Rules
- Irregular Step Application
- Punitive Costs
- Residence For Service
- Condonation