MAMBA v NCONGWANE (2443 of 2022) [2023] SZHC 587 (28 September 2023)

Case summary

Civil procedure - Application/or rescission a/judgment in terms of Rule 42 and Rule 50 (1) - (4) - Judgment granted in error - and in the absence of another party may be rescinded - a distinction must be made between the absence of a party and the default of a party in appearing before court - Rule 42 by it's import, allows a rescission a/judgment where it is tainted by an irregularity.

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