Rescission of judgment – High Court – Uniform Rules of Court 31(2)(b), 42
A defendant may within 20 days after acquiring knowledge of a default judgment against him or her apply to court upon notice to the plaintiff to set aside such judgment and the court may, upon good cause shown, set aside the default judgment on such terms as it deems fit.
The court may, in addition to any other powers it may have, mero motu or upon the application of any party affected, rescind or vary:
– An order or judgment erroneously sought or erroneously granted in the absence of any party affected thereby;
– an order or judgment in which there is an ambiguity, or a patent error or omission, but only to the extent of such ambiguity, error or omission;
– an order or judgment granted as the result of a mistake common to the parties.
Any party desiring any relief under this rule shall make application therefor upon notice to all parties whose interests may be affected by any variation sought. The court shall not make any order rescinding or varying any order or judgment unless satisfied that all parties whose interests may be affected have notice of the order proposed.
Rescission of judgment – High Court – Uniform Rules of Court 31(2)(b), 42
To view the rule go to Department of Justice – Uniform Rules of Court
For more go to the South African Legal Information Institute (SAFLII)
