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[2013] ZAGPPHC 154
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Mahlangu and Another v Fondo's Business Enterprises (29669/2011) [2013] ZAGPPHC 154 (12 June 2013)
NOT
REPORTABLE
IN
THE NORTH GAUTENG HIGH COURT, PRETORIA
(REPUBLIC
OF SOUTH AFRICA)
Case
number: 29669/2011
DATE:
12/06/2013
In
the matter between:
MAHLANGU,
SIBUSISO JUSTICE
MAHLANGU,
KEDIBONE
GIFT
................................................................................
Applicant
And
FONDO’S
BUSINESS
ENTERPRISES
................................................................
Respondent
Heard
on 6 June 2013
JUDGMENT
EBERSOHN
AJ,
[1]
This is the judgment in an application wherein the two applicants
(defendants in the main matter) apply for the rescission of
a default
judgment granted by this court to the respondent (plaintiff in the
main matter).
[2]
It appears that the respondents’ attorney failed to a plea
timeously. The unfortunate delay was explained satisfactonly
by the
attorney in an affidavit.
[3]
The parties entered into a building contract in terms whereof the
plaintiff had to build a house for the defendants. There is
a genuine
dispute as to what went wrong, why the plaintiff ceased building and
why the defendants stopped paying him. This can
only be resolved in a
open court by the leading of evidence.
[4]
The following order is made:
1.
The default judgment granted against the applicants is set aside
together with all the orders made by the court on that day.
PZ
EBERSOHN
Acting
Judge of the High Court
Applicants’
counsel: Adv A.P. den Hartog
Applicants’
attorney: Fairbridges Attorneys
Respondent’s
counsel: Adv L.K. van der Merwe
Respondent’s
attorney: Van Zyl’s Inc.