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2011
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[2011] ZAGPJHC 69
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Betterbridge Ltd v Gaitate (32615/07) [2011] ZAGPJHC 69 (1 April 2011)
SOUTH GAUTENG HIGH COURT
JOHANNESBURG
CASE NO
:32615/07
DATE
:01/04/2011
In the matter between
BETTERBRIDGE
LTD
..................................................
Applicant
and
OBAKENG
GAITATE
................................................
Respondent
J U D G M E N T
WILLIS, J
:
[1] This is an application for rescission of a default judgment
granted against the present applicant. The present applicant has
appeared in court twice this year and twice this year a postponement
has been granted in order to assist the applicant to obtain
legal
representation and explore a way of resolving the matter. Earlier
this week, I too indicated that I was prepared to hold
the axe over
until Friday morning to give them an opportunity to let them resolve
the matter.
[3] At the end of the day, there really is no good cause shown why
there should be a rescission. All that there is, is a plea
ad
misericordiam
. One obviously feels sorry for the applicant. It
is not pleasant to have a judgment granted against one but the court
is not a
charitable institution. If a person has no defence to a
claim and a judgment has been granted, there is no good reason to set
aside
the judgment.
[4] Accordingly, the following order is made:
The application is dismissed with costs.