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[2010] ZAWCHC 348
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Standard Bank of South Africa Ltd v Squirrel Investments 12 CC and Others (1488/10) [2010] ZAWCHC 348 (10 December 2010)
Republic
of South Africa
IN THE HIGH COURT OF
SOUTH AFRICA
(WESTERN CAPE HIGH
COURT, CAPE TOWN)
CASE
No: 1488/10
In the matter between;
THE STANDARD BANK OF
SOUTH AFRICA LIMITED
…...............................................
Plaintiff
(Registration
number: 62/000738/06)
And
SQUIRREL INVESTMENTS
12 CC
…......................................................................
First
Defendant
(Registration
Number 2005/111844/23)
JOHANN ANTON BARTMAN
…........................................................................
Second
Defendant
(IDENTITY
NO. )
ABRAHAM BOSMANN
SLABBER
…....................................................................
Third
Defendant
(IDENTITY
NO. )
JUDGMENT DELIVERED ON
10 DECEMBER 2010
HENNEY,
AJ:
[1] This application was
heard by this court on 2 December 2010. Although this matter was
opposed, by the Respondent, no opposing
papers were filed with the
result that the application had to be adjudicated completely on the
version of the applicants. There
was no Answering Affidavit from the
Respondent to serve as evidence upon which the Court could adjudicate
this application.
The mere arguments raised
by the Respondents about the issues raised by the Applicants on the
face of it, might seem farfetched,
but it cannot be regarded as
evidence upon which the Court would be able to adjudicate the
application. The Respondents had to
do this by filing an Answering
Affidavit. There is therefore no answer to the allegations of the
Applicants as stated in their
Founding Affidavit.
In the result therefore,
the following order is made:
The application for
condonation is granted for the extension of the time limit in which
the application should have been brought.
The Default Judgment
granted by the Registrar on 12 May 2010 is rescinded.
The Defendants is
granted leave to defend the action.
The writ of attachment
of immovable property granted by the Registrar is stayed and all
other execution steps instituted by the
Plaintiff is suspended.
5) The costs of the
application for the Rescission of Judgment shall stand over for the
determination of trial.
HENNEY, AJ