South Africa Case Law

Mhlarhi v Tzaneen Staal Industries (Edms) Bpk (HCA21/2017)

Mhlarhi v Tzaneen Staal Industries (Edms) Bpk (HCA21/2017) [2017] ZALMPPHC 32 (27 October 2017)

Court

Limpopo High Court, Polokwane

Case number

HCA 21/2017

Judges

E M Makgoba, M S Sikhwari

The court held that Section 36(1)(a) of the Magistrate’s Courts Act is not limited to default judgments and applies to any judgment granted in the absence of the affected party, including summary judgments. The absence is determined by the failure to file opposing papers, not merely by physical presence in court. Since the appellant’s attorney attended the hearing without filing opposing papers, the judgment was granted in default. The Magistrate’s Court erred in upholding the point in limine and refusing to hear the rescission application on its merits. The appeal was upheld, the Magistrate’…

Source excerpt

• Summary Judgment
• Rescission Of Judgment
• Default Judgment
• Magistrates Courts Act
• Rule 49 Procedure