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S HEADS OF ARGUMENT Department of Environmental

sample application for rescission of judgment high court

Ncube v Nyathi (X REF HC 1895/11 ) [2015] ZWBHC 60 (18. 2012-11-28 · [1] The question in the appeal is whether an order a High Court judge issued directing a magistrate to hear argument in an opposed bail application by not later than 15h00 on the day of the order, and to give judgment an hour later, was in the circumstances of this case justified. [2] The appellant is the district Magistrate at Stutterheim., HIGH COURT, CAPE TOWN THE MASTER OF THE FREE STATE Seventh Respondent HIGH COURT, BLOEMFONTEIN Where the high court has refused a petition from the magistrates’ court, the high court can, on application, grant leave to appeal against the dismissal of the petition to the SCA. Practice – rescission of judgment – authority of.

"How do I get a Rescission of a Judgment?" some basic

S HEADS OF ARGUMENT Department of Environmental. 2018-6-12 · 18. For the purpose of these Heads of Argument, we will confine ourselves herein to the legal submissions only. Due to the magnitude of facts of this matter, we do not include herein a full discussion of all the facts of the application, to which relevant facts the Honourable Court will be referred, if necessary, during argument., 2014-6-27 · High Court, Thohoyandou for the rescission of the default judgment. That court (Ebersohn AJ) dismissed the application and refused the appellant leave to appeal. This appeal is with the leave of this court. [4] Rule 31(2)(b) provides that: „A defendant may within twenty days after he or she has knowledge of such judgment apply to court upon.

2016-12-8 · NOTICE OF APPLICATION FOR RESCISSION OF JUDGEMENT Take notice that an application will be made to this Honourable Court on a date to be set by the Clerk of Court for an order in the following terms; 1. The Judgement entered, on the ___day of _____200 -, … an order or judgment granted as the result of a mistake common to the parties. An application for variation/rescission of a divorce order must be accompanied by an affidavit setting out the reasons for the application. This application was heard in the High Court. It also shows the extent to which the court goes to protect a woman and

2016-12-8 · NOTICE OF APPLICATION FOR RESCISSION OF JUDGEMENT Take notice that an application will be made to this Honourable Court on a date to be set by the Clerk of Court for an order in the following terms; 1. The Judgement entered, on the ___day of _____200 -, … 2015-1-20 · IN THE HIGH COURT OF SOUTH AFRICA (WESTERN CAPE DIVISION, CAPE TOWN) Case No: 6165/12 In the application for leave to appeal against the judgment of the court dated 28 August 2014: THE CITY OF CAPE TOWN Applicant And SOUTH AFRICAN NATIONAL ROADS AGENCY LIMITED Respondent JUDGMENT IN APPLICATION FOR LEAVE TO APPEAL

[22] In terms of Rule 27(6) of the High Court Rules an application for rescission of a judgment entered in default of a plea must be made within 21 days after the Applicant has knowledge of the default judgment and on notice to the other party. The rule also provides that the Applicant must furnish security to the satisfaction of the Registrar 2014-11-26 · English system of procedure, although some High Court Rules are based on common law, for example, the rules relating to provisional sentence. In the main, the rules regulating High Court procedure are to be found in the Supreme Court Act 59 of 1959 and the Rules of Court. The source of procedural rules relating to the magistrates'

2019-11-6 · IN THE HIGH COURT OF SOUTH AFRICA (EASTERN CAPE – GRAHAMSTOWN) Case No: CA 265/10 of the Full Bench Court of the Western Cape High Court, in Wesbank, a Division of Firstrand Limited v Papier (the National “An application for rescission is never simply an enquiry whether or not to 2011-5-9 · High Court Application. ANNEXURE “D” 204. Causes of Action. is liable to notify the Clerk of the Court and the judgment creditor or his attorney fully and correctly, in writing, within 14 days after he has, at any time, changed his place of residence, business or employment, of his new place of residence, business or employment, and by

The court, also stated that no reason was advanced as to why the plaintiff could not effectively utilise debt collecting mechanisms in terms of the Magistrate’s Court Act 32 of 1944 and rules to obtain payment of the debt. Checklist for granting default judgment. This is not a conclusive checklist, but should provide some assistance: Administration of Justice (AOJ) Home. About AOJ Appeal Cases From High Court and Industrial Court-(Court of Appeal) REQUEST FOR DEFAULT JUDGEMENT. REQUEST FOR CONSENT JUDGMENT – ORDER X RULE 1 . Particulars of claim. Notice of application for Rescission of judgement.

2019-11-6 · The plaintiff no doubt opposed that application as well. [6] The rescission application as well as the application for condonation were fully argued before the learned magistrate. Needless to say in terms of a written judgment delivered on 25 March 2014, the learned magistrate refused the application for rescission with costs. 2019-11-6 · The plaintiff no doubt opposed that application as well. [6] The rescission application as well as the application for condonation were fully argued before the learned magistrate. Needless to say in terms of a written judgment delivered on 25 March 2014, the learned magistrate refused the application for rescission with costs.

2014-2-17 · A Rescission of Judgment is done by application to the Court where the judgment was granted. You will see on the top of any Court papers, or on most formal records, the Court name and Case Number (for example: Magistrates Court of Cape Town, Wynberg, Goodwood, Kempton Park or Johannesburg, 1234/2010). 2014-1-6 · Question: Can I as the judgment debtor go to court and rescind judgment by myself without the use of an attorney and at NO cost to me by the court? ‘Yes, you can,’(Sorry President Obama, just had to import your catch-phrase!) The following applies to the magistrates court and the regional magistrates court.. Please refer to all attachments as well as websites referred to herein to get a

2014-2-17 · I need to clear my name! The rescission of a judgment. This is done by making an application to Court for Rescission of Judgment. For a Court to grant a rescission it will look at a number of factors. Among them are: Has the Plaintiff, the person or company who obtained the judgment, given their consent to the rescission? The court, also stated that no reason was advanced as to why the plaintiff could not effectively utilise debt collecting mechanisms in terms of the Magistrate’s Court Act 32 of 1944 and rules to obtain payment of the debt. Checklist for granting default judgment. This is not a conclusive checklist, but should provide some assistance:

2015-1-20 · IN THE HIGH COURT OF SOUTH AFRICA (WESTERN CAPE DIVISION, CAPE TOWN) Case No: 6165/12 In the application for leave to appeal against the judgment of the court dated 28 August 2014: THE CITY OF CAPE TOWN Applicant And SOUTH AFRICAN NATIONAL ROADS AGENCY LIMITED Respondent JUDGMENT IN APPLICATION FOR LEAVE TO APPEAL 2012-11-28 · [1] The question in the appeal is whether an order a High Court judge issued directing a magistrate to hear argument in an opposed bail application by not later than 15h00 on the day of the order, and to give judgment an hour later, was in the circumstances of this case justified. [2] The appellant is the district Magistrate at Stutterheim.

2014-1-29 · 15. Default judgment 16. Rescission of default judgment PART 3 JUDICIAL CASE MANAGEMENT 17. Application of overriding objective by court 18. Power of court to manage cases 19. Obligations of parties and legal practitioners in relation to judicial case management 20. Protective costs orders in cases of public interest 21. 2019-8-8 · Rescission of judgments by consent – a critical analysis T BEKKER* 1 Introduction At common law it is a general rule that a South African court becomes functus officio after pronouncing a final judgment and that a court has no authority to set aside, alter, correct or supplement the judgment in any way.1 However, provision is

2014-7-22 · HIGH COURT (CIVIL PROCEDURES) RULES, 2004 (CI 47) ARRANGEMENT OF RULES . ORDER 1—PRELIMINARY MATTERS . Rule . 1. Application of Rules . 2. Publicity of Proceedings . 3. Conduct of Proceedings by a Person Other than a Party . 4. Acting without Authority Application for Summary Judgment . 2. Method of Making Application . 3. Defendant may 2015-1-20 · IN THE HIGH COURT OF SOUTH AFRICA (WESTERN CAPE DIVISION, CAPE TOWN) Case No: 6165/12 In the application for leave to appeal against the judgment of the court dated 28 August 2014: THE CITY OF CAPE TOWN Applicant And SOUTH AFRICAN NATIONAL ROADS AGENCY LIMITED Respondent JUDGMENT IN APPLICATION FOR LEAVE TO APPEAL

2011-5-9 · High Court Application. ANNEXURE “D” 204. Causes of Action. is liable to notify the Clerk of the Court and the judgment creditor or his attorney fully and correctly, in writing, within 14 days after he has, at any time, changed his place of residence, business or employment, of his new place of residence, business or employment, and by 2019-11-6 · The plaintiff no doubt opposed that application as well. [6] The rescission application as well as the application for condonation were fully argued before the learned magistrate. Needless to say in terms of a written judgment delivered on 25 March 2014, the learned magistrate refused the application for rescission with costs.

2019-11-6 · IN THE HIGH COURT OF SOUTH AFRICA (EASTERN CAPE – GRAHAMSTOWN) Case No: CA 265/10 of the Full Bench Court of the Western Cape High Court, in Wesbank, a Division of Firstrand Limited v Papier (the National “An application for rescission is never simply an enquiry whether or not to 2013-3-25 · IN THE HIGH COURT OF SOUTH AFRICA (NORTH GAUTENG, PRETORIA) concerned has reserved judgment and the rescission application is still pending in the Magistrates' Court. Before this court now is an urgent application for interim relief aimed at

2014-7-22 · HIGH COURT (CIVIL PROCEDURES) RULES, 2004 (CI 47) ARRANGEMENT OF RULES . ORDER 1—PRELIMINARY MATTERS . Rule . 1. Application of Rules . 2. Publicity of Proceedings . 3. Conduct of Proceedings by a Person Other than a Party . 4. Acting without Authority Application for Summary Judgment . 2. Method of Making Application . 3. Defendant may 2015-1-27 · RESCISSION OF JUDGMENT IN HIGH COURT No time limit prescribed in Rule for bringing of application (HC Rule 42) APPEALS TO CONSTITUTIONAL COURT Application for leave to appeal to be lodged with Con. Court within 15 days Of the judgment (CC Rule 19(2)) If leave is granted, appellant to note and prosecute appeal within such time as may be

2019-11-8 · SOUTH AFRICA LTD. SHERIFF OF THE HIGH Second Respondent. COURT, ALBERTON. THABO LUPONDO Third Respondent. JUDGMENT. SWARTZ AJ. This is an application for rescission of judgment handed down by default by this court on 22 May 2012. IN THE HIGH COURT OF ZIMBABWE. MOYO J. BULAWAYO 23 FEBRUARY & 19 MARCH 2015 . Miss N. Ndlovu for the applicant. S.S. Mlaudzi for the respondent . Opposed Court Application MOYO J: This is an application for condonation of the late filing of an application for rescission of judgment. The parties have been engaged in protracted litigation dating

2019-11-15 · A court order can be issued only after the court has rescinded the default judgment. No consent obtained. The Magistrate’s Court is a creature of statute and can only perform in accordance with the court rules. Rule 49 of the Magistrate’s Court Act gives the statutory requirements for the application of a rescission of judgment: The 2019-9-27 · SHERIFF OF THE HIGH COURT, PORT ELIZABETH Second Respondent J U D G M E N T DAMBUZA, J: [1]This is an application for rescission of a default judgment granted by this Court against the applicant in favour of the first respondent during October 2009. The debt relates to a loan agreement in terms of which the first respondent lent money to the

Rescission Application A rescission application is made to the Commission for Conciliation, Mediation and Arbitration (CCMA) (or a Bargaining Council) to rescind, or in other words, cancel or set aside an arbitration award made by a Commissioner (Arbitrator). The Labour Relations Act (LRA) sets out certain grounds on which a party, either the employer or employee party, to an award may apply 2014-6-27 · High Court, Thohoyandou for the rescission of the default judgment. That court (Ebersohn AJ) dismissed the application and refused the appellant leave to appeal. This appeal is with the leave of this court. [4] Rule 31(2)(b) provides that: „A defendant may within twenty days after he or she has knowledge of such judgment apply to court upon

Rescinding judgment yourself without the use of an attorney

sample application for rescission of judgment high court

Ncube v Nyathi (X REF HC 1895/11 ) [2015] ZWBHC 60 (18. 2014-2-17 · I need to clear my name! The rescission of a judgment. This is done by making an application to Court for Rescission of Judgment. For a Court to grant a rescission it will look at a number of factors. Among them are: Has the Plaintiff, the person or company who obtained the judgment, given their consent to the rescission?, Rescission Application A rescission application is made to the Commission for Conciliation, Mediation and Arbitration (CCMA) (or a Bargaining Council) to rescind, or in other words, cancel or set aside an arbitration award made by a Commissioner (Arbitrator). The Labour Relations Act (LRA) sets out certain grounds on which a party, either the employer or employee party, to an award may apply.

Rescinding judgment yourself without the use of an attorney. The court, also stated that no reason was advanced as to why the plaintiff could not effectively utilise debt collecting mechanisms in terms of the Magistrate’s Court Act 32 of 1944 and rules to obtain payment of the debt. Checklist for granting default judgment. This is not a conclusive checklist, but should provide some assistance:, The court, also stated that no reason was advanced as to why the plaintiff could not effectively utilise debt collecting mechanisms in terms of the Magistrate’s Court Act 32 of 1944 and rules to obtain payment of the debt. Checklist for granting default judgment. This is not a conclusive checklist, but should provide some assistance:.

When to apply for rescission in the CCMA? Vrae

sample application for rescission of judgment high court

When to apply for rescission in the CCMA? Vrae. an order or judgment granted as the result of a mistake common to the parties. An application for variation/rescission of a divorce order must be accompanied by an affidavit setting out the reasons for the application. This application was heard in the High Court. It also shows the extent to which the court goes to protect a woman and https://en.m.wikipedia.org/wiki/Mistake_(contract_law) 2019-11-6 · IN THE HIGH COURT OF SOUTH AFRICA (EASTERN CAPE – GRAHAMSTOWN) Case No: CA 265/10 of the Full Bench Court of the Western Cape High Court, in Wesbank, a Division of Firstrand Limited v Papier (the National “An application for rescission is never simply an enquiry whether or not to.

sample application for rescission of judgment high court

  • Ncube v Nyathi (X REF HC 1895/11 ) [2015] ZWBHC 60 (18
  • Rescinding judgment yourself without the use of an attorney
  • S HEADS OF ARGUMENT Department of Environmental

  • 2019-8-8 · Rescission of judgments by consent – a critical analysis T BEKKER* 1 Introduction At common law it is a general rule that a South African court becomes functus officio after pronouncing a final judgment and that a court has no authority to set aside, alter, correct or supplement the judgment in any way.1 However, provision is In the event of a Defendant not receiving a summons, certain steps have to be taken to have the judgment rescinded. The Defendant has to serve and file his application for rescission of judgment within 20 days after becoming aware of the judgment that was entered against him.

    [22] In terms of Rule 27(6) of the High Court Rules an application for rescission of a judgment entered in default of a plea must be made within 21 days after the Applicant has knowledge of the default judgment and on notice to the other party. The rule also provides that the Applicant must furnish security to the satisfaction of the Registrar 2019-11-15 · A court order can be issued only after the court has rescinded the default judgment. No consent obtained. The Magistrate’s Court is a creature of statute and can only perform in accordance with the court rules. Rule 49 of the Magistrate’s Court Act gives the statutory requirements for the application of a rescission of judgment: The

    2014-2-17 · I need to clear my name! The rescission of a judgment. This is done by making an application to Court for Rescission of Judgment. For a Court to grant a rescission it will look at a number of factors. Among them are: Has the Plaintiff, the person or company who obtained the judgment, given their consent to the rescission? 2017-10-18 · serve.mg.co.za

    an order or judgment granted as the result of a mistake common to the parties. An application for variation/rescission of a divorce order must be accompanied by an affidavit setting out the reasons for the application. This application was heard in the High Court. It also shows the extent to which the court goes to protect a woman and 2015-1-20 · IN THE HIGH COURT OF SOUTH AFRICA (WESTERN CAPE DIVISION, CAPE TOWN) Case No: 6165/12 In the application for leave to appeal against the judgment of the court dated 28 August 2014: THE CITY OF CAPE TOWN Applicant And SOUTH AFRICAN NATIONAL ROADS AGENCY LIMITED Respondent JUDGMENT IN APPLICATION FOR LEAVE TO APPEAL

    2017-10-18 · serve.mg.co.za 2019-8-8 · Rescission of judgments by consent – a critical analysis T BEKKER* 1 Introduction At common law it is a general rule that a South African court becomes functus officio after pronouncing a final judgment and that a court has no authority to set aside, alter, correct or supplement the judgment in any way.1 However, provision is

    2015-1-27 · RESCISSION OF JUDGMENT IN HIGH COURT No time limit prescribed in Rule for bringing of application (HC Rule 42) APPEALS TO CONSTITUTIONAL COURT Application for leave to appeal to be lodged with Con. Court within 15 days Of the judgment (CC Rule 19(2)) If leave is granted, appellant to note and prosecute appeal within such time as may be 2012-2-15 · (4) Where an application for rescission of a default judgment is made by a defendant against whom the judgment was granted, who does not wish to defend the proceedings, the applicant must satisfy the court that he or she was not in wilful default and that the judgment was satisfied, or arrangements were made to satisfy the judgment, within a

    2017-6-6 · Magistrate’s Court versus High Court default judgment anomaly must be eliminated By Dennis Sibuyi The basis for setting aside a default judgment in the High Court inexplicably and unaccountably differs from that which is applicable in the Magistrate’s Court. It is an anomaly that must surely be eliminated without delay. 2019-11-4 · Cape High Court, Grahamstown (Eastern Cape High Court), for orders declaring rule 31(5)(b) and rule 45(1) of the High Court Rules unconstitutional, alternatively for leave to intervene in the present matter. That application was withdrawn when the Bank withdrew its opposition to rescission of the original default judgment.

    Rescission Application A rescission application is made to the Commission for Conciliation, Mediation and Arbitration (CCMA) (or a Bargaining Council) to rescind, or in other words, cancel or set aside an arbitration award made by a Commissioner (Arbitrator). The Labour Relations Act (LRA) sets out certain grounds on which a party, either the employer or employee party, to an award may apply 2019-11-8 · SOUTH AFRICA LTD. SHERIFF OF THE HIGH Second Respondent. COURT, ALBERTON. THABO LUPONDO Third Respondent. JUDGMENT. SWARTZ AJ. This is an application for rescission of judgment handed down by default by this court on 22 May 2012.

    2018-2-2 · GENERAL 2039. Application to rescind judgment March 2012 - Issue 150. The recent winning streak of the South African Revenue Service (SARS) in the courts continued in the judgment of Joseph Gadifele Modibane v SARS (Case No:09/9651 (Modibane)). Mr Modibane launched an application in the South Gauteng High Court for the rescission of judgment obtained by SARS on 5 March 2009, which … 2011-5-24 · application, an answering affidavit or statement must be delivered to NBCCI and the Applicant within 14 days after service of the application, failing which the application may be heard in the absence of the Respondent’s affidavit. (NB: This application will be dealt with in terms of NBCCI Rule 31).

    2019-9-27 · SHERIFF OF THE HIGH COURT, PORT ELIZABETH Second Respondent J U D G M E N T DAMBUZA, J: [1]This is an application for rescission of a default judgment granted by this Court against the applicant in favour of the first respondent during October 2009. The debt relates to a loan agreement in terms of which the first respondent lent money to the 2014-2-17 · A Rescission of Judgment is done by application to the Court where the judgment was granted. You will see on the top of any Court papers, or on most formal records, the Court name and Case Number (for example: Magistrates Court of Cape Town, Wynberg, Goodwood, Kempton Park or Johannesburg, 1234/2010).

    2015-1-27 · RESCISSION OF JUDGMENT IN HIGH COURT No time limit prescribed in Rule for bringing of application (HC Rule 42) APPEALS TO CONSTITUTIONAL COURT Application for leave to appeal to be lodged with Con. Court within 15 days Of the judgment (CC Rule 19(2)) If leave is granted, appellant to note and prosecute appeal within such time as may be 2017-6-6 · Magistrate’s Court versus High Court default judgment anomaly must be eliminated By Dennis Sibuyi The basis for setting aside a default judgment in the High Court inexplicably and unaccountably differs from that which is applicable in the Magistrate’s Court. It is an anomaly that must surely be eliminated without delay.

    2016-12-8 · NOTICE OF APPLICATION FOR RESCISSION OF JUDGEMENT Take notice that an application will be made to this Honourable Court on a date to be set by the Clerk of Court for an order in the following terms; 1. The Judgement entered, on the ___day of _____200 -, … 2019-11-6 · The plaintiff no doubt opposed that application as well. [6] The rescission application as well as the application for condonation were fully argued before the learned magistrate. Needless to say in terms of a written judgment delivered on 25 March 2014, the learned magistrate refused the application for rescission with costs.

    2019-11-6 · The plaintiff no doubt opposed that application as well. [6] The rescission application as well as the application for condonation were fully argued before the learned magistrate. Needless to say in terms of a written judgment delivered on 25 March 2014, the learned magistrate refused the application for rescission with costs. 2011-5-24 · application, an answering affidavit or statement must be delivered to NBCCI and the Applicant within 14 days after service of the application, failing which the application may be heard in the absence of the Respondent’s affidavit. (NB: This application will be dealt with in terms of NBCCI Rule 31).

    2018-2-2 · GENERAL 2039. Application to rescind judgment March 2012 - Issue 150. The recent winning streak of the South African Revenue Service (SARS) in the courts continued in the judgment of Joseph Gadifele Modibane v SARS (Case No:09/9651 (Modibane)). Mr Modibane launched an application in the South Gauteng High Court for the rescission of judgment obtained by SARS on 5 March 2009, which … 2015-1-27 · RESCISSION OF JUDGMENT IN HIGH COURT No time limit prescribed in Rule for bringing of application (HC Rule 42) APPEALS TO CONSTITUTIONAL COURT Application for leave to appeal to be lodged with Con. Court within 15 days Of the judgment (CC Rule 19(2)) If leave is granted, appellant to note and prosecute appeal within such time as may be

    2013-3-25 · IN THE HIGH COURT OF SOUTH AFRICA (NORTH GAUTENG, PRETORIA) concerned has reserved judgment and the rescission application is still pending in the Magistrates' Court. Before this court now is an urgent application for interim relief aimed at 2019-10-17 · [4] Being aggrieved by the judgment of the High Court, the respondent lodged Civil Appeal No. 88 of 2000 against that judgment. The respondents also filed an application for interlocutory orders in the High Court but their application was dismissed.

    HIGH COURT, CAPE TOWN THE MASTER OF THE FREE STATE Seventh Respondent HIGH COURT, BLOEMFONTEIN Where the high court has refused a petition from the magistrates’ court, the high court can, on application, grant leave to appeal against the dismissal of the petition to the SCA. Practice – rescission of judgment – authority of 2011-3-3 · APPLICATION FOR RESCISSION OF JUDGMENT IN TERMS OF SECTION 36(2) Be pleased to take note that application will be made to the above honourable court on _____ at 9:00 in court room 1013, or so soon thereafter as the applicant/attorney for the application may be heard for an order in the following terms: FORM 1B (RESPONDENT A NATURAL PERSON

    2019-11-8 · SOUTH AFRICA LTD. SHERIFF OF THE HIGH Second Respondent. COURT, ALBERTON. THABO LUPONDO Third Respondent. JUDGMENT. SWARTZ AJ. This is an application for rescission of judgment handed down by default by this court on 22 May 2012. 2019-11-6 · IN THE HIGH COURT OF SOUTH AFRICA (EASTERN CAPE – GRAHAMSTOWN) Case No: CA 265/10 of the Full Bench Court of the Western Cape High Court, in Wesbank, a Division of Firstrand Limited v Papier (the National “An application for rescission is never simply an enquiry whether or not to

    2012-11-28 · [1] The question in the appeal is whether an order a High Court judge issued directing a magistrate to hear argument in an opposed bail application by not later than 15h00 on the day of the order, and to give judgment an hour later, was in the circumstances of this case justified. [2] The appellant is the district Magistrate at Stutterheim. 2013-3-25 · IN THE HIGH COURT OF SOUTH AFRICA (NORTH GAUTENG, PRETORIA) concerned has reserved judgment and the rescission application is still pending in the Magistrates' Court. Before this court now is an urgent application for interim relief aimed at