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South Africa Case Law

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Civil Procedure [2017] ZAGPPHC 1198

Phiri v Scania Finance South Africa (Pty) Ltd (15354/2015)

Phiri v Scania Finance South Africa (Pty) Ltd (15354/2015) [2017] ZAGPPHC 1198 (8 December 2017)

Court
North Gauteng High Court, Pretoria
Case number
15354/2015
Judge
JFD Brand

The court held that the order for sale in execution was not granted in default, as the applicant's opposing papers were before the court and considered. The absence of the applicant or his counsel at the hearing does not render the judgment a default judgment. Accordingly, the judgment is final and the applicant's remedy lies in an application for leave to appeal, not rescission. The requirements for rescission under Rule 31(2) are therefore not applicable, and the application must be dismissed.

Source excerpt

  • Rescission Of Judgment
  • Default Judgment
  • Rule 31 2
  • Sale In Execution
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Civil Procedure [2015] ZAECGHC 22

Van Eeden N.O. v Moolman N.O. and Another (3627/13)

Van Eeden N.O. v Moolman N.O. and Another (3627/13) [2015] ZAECGHC 22 (13 February 2015)

Court
Eastern Cape High Court, Grahamstown
Case number
3627/13
Judge
C Plasket

The court found that Van Eeden was personally served with the summons and writ of execution, making his claim of ignorance implausible. His explanation for default was rejected as unreasonable and wilful. The application for rescission was brought well outside the 20-day period after acquiring knowledge of the judgment, with no condonation sought. The application was not bona fide but intended to delay the respondent's claim. As the requirements for rescission were not met, and no exceptional circumstances existed, the application was dismissed without consideration of a bona fide defence.

Source excerpt

  • Rescission Of Judgment
  • Wilful Default
  • Bona Fide Defence
  • Rule 31 2
  • Condonation
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.