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South Africa decisions
Decisions matching the current search
Katlego v Road Accident Fund (4792/2022) [2025] ZAGPJHC 377 (5 April 2025)
The court held that a plaintiff could seek default judgment against the Road Accident Fund without first serving a notice of bar, where no plea was filed and Rule 31(5)(a) was complied with.
Sibindi v Tiger Consumer Brands Ltd (2022/7483) [2023] ZAGPJHC 694 (14 June 2023)
Application to rescind default judgment dismissed: the applicant failed to show good cause and the defences raised were not bona fide.
Gangat v Akoon (A5044/2019) [2021] ZAGPJHC 828 (21 December 2021)
The court held that the appellant provided a reasonable explanation for his default, supported by objective evidence such as SMS correspondence indicating he only became aware of the default judgment in September 2017. The lack of service of the judgment and absence of attempts to execute it further supported the appellant's version. The appellant also disclosed a bona fide defence in his plea and demonstrated good prospects of success. The court found that the Plascon-Evans test was incorrectly applied by the court a quo, as it is not the appropriate standard for rescission applications unde…
Source excerpt
Cooper v Standard Bank of South Africa Limited (370/2016) [2017] ZAGPPHC 97 (27 March 2017)
The High Court dismissed an application to rescind a default judgment, finding no adequate explanation for the default and no prima facie defence.
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