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Munozohamba v Onelogix Linehaul (JS459/2021) [2021] ZALCJHB 426 (10 November 2021)
The Labour Court rescinded a default judgment mero motu after opposing papers had been filed but were not placed before the judge due to an administrative error.
BTI World Travel v Alexandrakis (JR 543/06) [2009] ZALC 198 (22 July 2009)
The court held that the applicant, having only filed a notice to oppose and failing to file an answering affidavit or object to the incomplete record, did not comply with the requirements of Rule 7A(9). Therefore, the registrar was not obliged to notify the applicant of the set down date. The applicant's failure to act constituted a waiver of its right to notice. The default judgment was not granted in error, and the applicant was not entitled to rescission. The court found no evidence of a contrary practice in the Labour Court and dismissed the application for rescission.
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