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Top Trailers (Pty) Ltd and Another v Kotze (1006/2018) [2019] ZASCA 141 (1 October 2019)

Top Trailers (Pty) Ltd and Another v Kotze (1006/2018) [2019] ZASCA 141 (1 October 2019)
Citation
Top Trailers (Pty) Ltd and Another v Kotze (1006/2018) [2019] ZASCA 141 (1 October 2019)
Media Neutral Citation
[2019] ZASCA 141
Hearing date
5 September 2019
Court
Supreme Court of Appeal of South Africa
Case number
1006/2018
Judges
Zondi JA, Weiner AJA, Molemela JA, Plasket JA, Ponnan JA
Judgment date
1 October 2019
Language
English
Type
Judgment
Flynote

Civil Procedure – default judgment obtained without prior notice to opposite
party after the matter became opposed, may be rescinded in terms of rule 42(1)(a) of
the Uniform Rules of Court as a judgment that was erroneously granted – applicant
need not show bona fide defence.

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