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[2015] ZAGPPHC 716
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Kanivest 3146 CC v Kwela City Property Services (Pty) Ltd (2013/64339) [2015] ZAGPPHC 716 (29 July 2015)
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default judgment is rescinded.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