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South Africa decisions
Decisions matching the current search
Mahlaba N.O v People's Bank Limited (20119/2019) [2024] ZAGPPHC 147 (23 February 2024)
Court dismissed a late rescission application, finding the delay inexcusable, the non-joinder of later purchasers fatal, and no bona fide defence shown.
Kayula NO and Others v Quality Plumbers and Hardware Contractors (Pty) Ltd and Another (942/2019) [2020] ZAECMHC 42 (18 August 2020)
The court found that the applicants were not in willful default, as they were unaware of the summons due to the gross negligence of Anga Pasiya, who was not a party to the proceedings. The applicants provided a reasonable explanation for their default and demonstrated a bona fide defence by denying indebtedness and the existence of a credit agreement. The court held that the requirements for rescission under Rule 31(2)(b) were satisfied, and that the application was not brought merely to frustrate the respondent's claim. The court exercised its discretion to grant rescission and awarded costs…
Source excerpt
De Bruyn & De Kock Inc and Another v Theunissen (68433/2016) [2019] ZAGPPHC 467 (13 September 2019)
The High Court rescinded a default judgment against the second defendant, finding a bona fide defence despite a poor explanation for the default.
Ranyane v Collateral Trading 125 CC t/a Watsonia Projects (CAMG 09/2012) [2013] ZANWHC 46 (16 May 2013)
High Court appeal upheld rescission of summary judgment, finding the citation and service defects did not render the judgment void, but the appellant showed a bona fide defence.
Probert and Others v RLS Engineering (J4936/99) [2001] ZALC 118 (2 August 2001)
The Labour Court dismissed a rescission application with costs after finding the applicant failed to rebut evidence that the papers had been faxed to him.
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