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High Court of South Africa KwaZulu-Natal, Durban

The KwaZulu-Natal Division of the High Court of South Africa is a superior court of law with general jurisdiction over the KwaZulu-Natal province of South Africa. The main seat of the division is at Pietermaritzburg, while a subordinate local seat at Durban has concurrent jurisdiction over the coastal region of the province.

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1 judgment

Citation	Judgment date
July 2010
RGS Properties (Pty) Ltd v eThekwini Municipality (6210/2008) [2010] ZAKZDHC 27 (22 July 2010) Reported Default judgment rescinded where municipality failed to follow statutory valuation/appeal procedures and a bona fide defence existed. Municipal rates – valuation and objection procedure – failure to process appeals before enforcement; Rescission of default judgment – prima facie defence (Naidoo test); Rule of law and constitutional right of access to court; Consequences for writs of attachment arising from rescission.	22 July 2010

Citation

Judgment date

July 2010

RGS Properties (Pty) Ltd v eThekwini Municipality (6210/2008) [2010] ZAKZDHC 27 (22 July 2010)

Reported

Default judgment rescinded where municipality failed to follow statutory valuation/appeal procedures and a bona fide defence existed.

Municipal rates – valuation and objection procedure – failure to process appeals before enforcement; Rescission of default judgment – prima facie defence (Naidoo test); Rule of law and constitutional right of access to court; Consequences for writs of attachment arising from rescission.

22 July 2010