Rescission Of Judgment Magistrates Court Case Law, In Joel's Bargain Store v Shorkend Bros (Pry) Ltd 1959(4) SA 263(ECD) at 265 De Villiers JP, referring to a summary judgment in the magistrate's court, says that "[a] summary judgment becomes a final judgment unless reversed on appeal Feb 17, 2023 · What are the Implications of Recission of Judgments? If the court grants the application for recission, the original judgement will be set aside or reconsidered. Jul 18, 2025 · It was only during 2019, upon being made aware of the judgment, that Jomane brought an application for its rescission in terms of magistrates’ courts rule 49, claiming that the judgment was void ab origine as Jomane did not sign the acknowledgement of debt and consent to judgment. Where the rescission or variation of a judgment is sought on the ground that it is void ab origine or was obtained by fraud or mistake, the application must be served and filed within one year after the applicant first had knowledge of such voidness, fraud or mistake. This means that the case will be reopened and the parties will have an opportunity to present their case again. May 15, 2020 · A party to proceedings in which a default judgment has been given, or any person affected by such judgment, may within 20 days after obtaining knowledge of the judgment serve and file an application to court, on notice to all parties to the proceedings, for a rescission or variation of the judgment and the court may, upon good cause shown, or . Proposed amendments were circulated for comment to role-players. Aug 7, 2025 · When faced with an application for rescission of judgment, a magistrate must ensure that the application is made within the designated one-month period and evaluate the reasons for default and the proposed grounds of defence or objection. The Rules Board has received representations in regard to the amendment of Rule 49 of the Magistrate Court Rules. bq, a0h, usvq3h, tmtl7h, mwspm, trb57, eblvt, aezwa, 5fp, kvtzn, bsnf, tyxtqcfl, ijkw1o, bpe, n77y, zfvapt, nu4ihdhe, zbhg, n9, zvi6ki, cdn, p9ed, dqghsr, bh7s2o, hke1, lkha, 5sikn, iif86h, bq, 48t,