REPUBLIC OF SOUTH AFRICA

IN THE HIGH COURT OF SOUTH AFRICA, 
GAUTENG DIVISION,
PRETORIA

CASE NO: 2013/64339

(1)	REPORTABLE: YES / NO
(2)	OF INTEREST TO OTHER JUDGES: YES/NO
(3)	REVISED. 

         ……………………..		………………………...
                   DATE			        SIGNATURE

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	The default judgment is rescinded.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