|
Successive rescission applications raising previously decided issues are barred; appeal dismissed for failure to include prior judgments and no bona fide defence.
Civil procedure – rescission of default judgment – limits on successive rescission applications – res judicata/exceptio rei judicatae and functus officio. Appeal practice – appellant bound by the four corners of the appeal record; obligation to include prior judgments. Magistrates' Courts Act s 36(1) – void ab origine and common mistake not established. Procedure – new evidence should be introduced on appeal with leave, not by repeated rescission applications. Default judgments – requirement to show bona fide defence and to cure evidentiary defects before rescission succeeds.
|