Jiyana and Another v Absa Bank Limited and Others (1424/2018) [2020] ZASCA 12 (19 March 2020)

Peremption – effect of settlement agreement – appellants signed a
settlement acknowledging validity of a judgment which they previously sought to set
aside – appellants perempted from further challenge to validity of judgment.
Res judicata – appellants’ rescission application against a default judgment dismissed
– appellants applying again to declare the default judgment a nullity – latter application
effectively sought same relief as in the rescission application – defence of res judicata
correctly upheld.