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South Africa Case Law

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Civil Procedure [2023] ZAGPPHC 740

Molema and Another v Lethamakga Business Enterprise CC (40024/2018)

Molema and Another v Lethamakga Business Enterprise CC (40024/2018) [2023] ZAGPPHC 740 (29 August 2023)

Court
North Gauteng High Court, Pretoria
Case number
40024/2018
Judge
E van der Schyff

The court held that the summary judgment was not granted in default because the applicants had filed an opposing affidavit. Service of the notice of set down by email was valid, as the applicants' attorneys had provided an email address for service and had previously consented to electronic service. The absence of the applicants or their counsel at the hearing does not constitute default under Rule 42. The application for rescission under Rule 42 is therefore not competent. Furthermore, the applicants failed to make out a case for rescission under common law, as no bona fide defence was discl…

Source excerpt

  • Rescission Of Judgment
  • Service By Electronic Mail
  • Rule 42 Uniform Rules
  • Summary Judgment
  • Default Judgment
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Civil Procedure [2020] ZASCA 147

Van Heerden v Bronkhorst (846/19)

Van Heerden v Bronkhorst (846/19) [2020] ZASCA 147 (13 November 2020)

Court
Supreme Court of Appeal
Case number
846/19
Judges
Saldulker, Molemela, Eksteen

The majority held that the notice of motion, although a hybrid between forms 2 and 2(a), provided unequivocal notice of the hearing date and afforded all procedural rights. Service of the notice of hearing was effected via the electronic address provided by the appellant's attorneys, in accordance with the rules. The failure to receive the notice was due to internal affairs within the appellant's attorneys' office and did not constitute a procedural error or mistake in the proceedings. The appellant failed to provide a reasonable explanation for her default and did not establish a bona fide d…

Source excerpt

  • Rescission Of Judgment
  • Rule 42 Application
  • Notice Of Motion Irregularity
  • Common Law Good Cause
  • Wills Act Section 2 3
  • Service By Electronic Mail
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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.