| (1) |
If a plaintiff in whose favour a default judgment has been granted has consented in writing that the judgment be rescinded, a court may rescind such judgment on application by any person affected by it. |
(2)
| (a) |
Where a judgment debt, the interest thereon at the rate granted in the judgment and the costs have been paid, whether the consent of the judgment creditor for the rescission of the judgment has been obtained or not, a court may, on application by the judgment debtor or any other person affected by the judgment, rescind that judgment. |
| (b) |
The application contemplated in paragraph (a)— |
| (i) |
must be made on a form which corresponds substantially with the form prescribed in the rules; |
| (ii) |
must be accompanied by reasonable proof that the judgment debt, the interest thereon and the costs have been paid; |
| (iii) |
must be accompanied by proof that the application has been served on the judgment creditor, at least 10 business days prior to the hearing of the intended application; |
| (iv) |
may be set down for hearing on any day, not less than 10 business days after service thereof; and |
| (v) |
may be heard by a judge in chambers. |
| (c) |
A court may make any cost order it deems fit with regard to an application contemplated in paragraph (a).’’. |
[Section 23A inserted by section 14 of Notice No. 769, GG 41017, dated 2 August 2017]
[Commencement date: 11 March 2019 (Proclamation No. R. 12 of 2019, GG 42297, dated 11 March 2019
Stamp Duties Act, 1968 (Act 77 of 1968)
