Ratlou Local Municipality v Sejake

• Jurisdiction: http://justis.com/jurisdiction/166,South Africa
• Judge: AH Petersen AJ
• Judgment Date: 06 July 2021
• Court: North West High Court, Mafikeng
• Hearing Date: 05 July 2021
• Docket Number: UM 137/2021

Petersen AJ:

Introduction:

[1]

This matter came before me as an urgent application on the 05th July 2021, having been postponed from the opt July 2021.

[2]

The relief sought in the notice of motion is formulated as follows:

"1.

That this application be heard as one of urgency in terms of the provisions the Uniform Rules of this Court, Rule 6(12), and that non-compliance by the Applicant with the time limits, forms and service be condoned.

2.

That the warrant of execution, attachment in execution or the removal of items against the Applicant issued under case number: 255/2021 be stayed pending the finalization of the Application for rescission of judgment by the Applicant.

3.

That the stay in execution against the first applicant under case number: 255/2021, intended for 2021 be stayed pending the finalization of the application for rescission of judgment by the Applicant.

2021 JDR 1714 p3

Petersen AJ

4.

Further and or alternative relief.

5.

Cost of this application in the event of opposition."

Purpose of the application:

[3]

The applicant submits that it seeks to stay a writ of execution issued by or on behalf of the first respondent for a payment order, costs and expenses against the applicant pursuant to an order of this Court under case number 255/2021 on the 25th May 2021. The order was granted by default against the applicant, following the applicant's failure to oppose the action which was instituted in February 2021.

[4]

The applicant seeks the stay of the execution of the writ pending conclusion of a review application pending in this Court under case number M290 2021.

[5]

The applicant emphasizes three (3) dates on which this Court is implored to consider the application. The application for default judgment was served on the applicant on the 14th April 2021. The review application was served on the first respondent on the 11th May 2021. On the 25th May 2021 default judgment was granted in favour of the first respondent. The applicant contends that having regard to these three (3) dates, the first respondent, notwithstanding knowledge of the review application proceeded with default judgment against the applicant.

2021 JDR 1714 p4

Petersen AJ

Urgency:

[6]

In terms of Rule 6(12) of the Uniform Rules of Court and in particular Rule 6(12)(b) an applicant in every affidavit in support of an urgent application:

"...must set forth explicitly the circumstances which is...