South Africa: North Gauteng High Court, Pretoria

REPUBLIC OF SOUTH AFRICA

IN THE HIGH COURT OF SOUTH AFRICA,

GAUTENG DIVISION,

PRETORIA

CASE NO: 2013/64339

In the matter between:

KANIVEST 3146 CC                                                                                APPLICANT/DEFENDANT

and

KWELA CITY PROPERTY                                                                   RESPONDENT/PLAINTIFF

SERVICES (PTY) LTD

J U D G M E N T

WRIGHT  J

1.           The applicant close corporation seeks rescission of a default judgment. The respondent company, as plaintiff, obtained the judgment after the sheriff served the summons on the registered address of the applicant. Despite this, the summons never came to the attention of the applicant until it was too late. After the applicant found out about the judgment its attorneys negotiated with those of the respondent but ultimately these talks came to naught. Hence a prayer for  condonation for the late filing of the rescission application.

2.           The respondent, through its attorneys admitted a misdescription in the summons relating to the cause of action and that the summons would need to be amended. The applicant has therefor a defence to the pleaded case.  The respondent should not have persisted in relying on an incorrect summons.

ORDER

1.    The default judgment is rescinded.

2.    The respondent is to pay the costs.

GC WRIGHT  J

JUDGE OF THE HIGH COURT,

GAUTENG DIVISION,

PRETORIA

On behalf of the Applicant:                           Adv S Maritz 

Instructed by:                                                 Phillip Venter Attorneys

                                                                        086 100 7669           

On behalf of the Respondent:                        Adv S G Gouws

Instructed by:                                                 VFV Attorneys

                                                                        012 460 8704           

Date of Hearing:                                            29 July 2015

Date of Judgment:                                        29 July 2015