BTL Investments (Pty) Ltd v Maziya and Others (1662 of 2022) [2022] SZHC 254 (9 November 2022)

Case summary

The applicant must give a reasonable and acceptable reasons or explanation for the default and that he has a bona fide defence on the merits in terms of the common law. The court therefore has a wider discretion and cannot be confined to the circumstances defined under Rules 42(1)(a)-(c) and 31 (3)(b). It can go beyond and seek for grounds found under common law. The pwpose is to discharge justice and fairness, judging from the circumstances of the case at hand

---