Application For Rescission Of Judgment Magistrates Court, Kindly take notice that the affidavit of the applicant is attached hereto and will be used in support of this application. May 4, 2023 · [3] This is an appeal [1] against a judgment by the Learned Additional Magistrate for the District of Ekurhuleni East handed down on 20 July 2022, in which the Court dismissed an application for the rescission of a default judgment brought in terms of Rule 49 (1) of the Rules of the Magistrates’ Court. Jun 29, 2017 · Rescission of Default Judgement in Magistrate’s Courts: Rule 49 (1) of the Magistrates’ Court Rules determines that if a Defendant (Debtor) is seeking to rescind a default judgement he has 20 court days from date on which the default judgement came to his knowledge to serve and file the application for his rescission. 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 Aug 21, 2025 · What is a Recission Application? A Rescission Application is a formal legal request to the court to have a judgement or order set aside. Created Date 3/16/2022 1:39:17 PM. 6There it approved, with some clarification, the following passages from the judgment of Greenberg 7J in Heilbron v Blignaut: Court Rules This collection was made possible with funding received from the Law Society of South Africa. ee/thegodfathersofdeephousesa\\Online Radio: https://thegodfathers. Feb 20, 2024 · View Assessment - Magistrates Court Application for rescission of judgment (1). 304 Brooks Street, Menlo Park, Pretoria P O Box 36626, Menlo Park 0102 Docex 82, Pretoria Tel: +27 (0)12 366 8800 Fax: +27 (0)12 362 0969 Superior Courts Labour Courts Magistrates’ Courts Children’s Courts Other Courts May 15, 2020 · Rescission of judgment – Magistrates’ Court – Magistrates’ Court Rule 49(1) 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, […] Kindly take notice that the affidavit of the applicant is attached hereto and will be used in support of this application. 455 Application for rescission or variation The procedure governing an application for rescission or variation of a judgment of a magistrates' court depends upon the category into which the application falls. 32 of 1944) No. Jul 18, 2025 · Summary: Law of Civil Procedure – Magistrate directing a defendant to deliver a declaration pursuant to the rescission of a judgment granted in terms of s 58(1) of the Magistrates’ Courts Act 32 of 1944 competent – the magistrate’s decision was not ultra vires and consequently not susceptible to review. om, ljmc, lnr, 93vdwv, prle, miv, 5rq7, rbx, tnl, d91j,