SOUTH GAUTENG HIGH COURT
JOHANNESBURG
CASE NO:32615/07
DATE:01/04/2011

In the matter between

BETTERBRIDGE LTD..................................................Applicant
and
OBAKENG GAITATE................................................Respondent
_________________________________________________________
J U D G M E N T
_________________________________________________________

WILLIS, J:

[1] This is an application for rescission of a default judgment granted against the present applicant.  The present applicant has appeared in court twice this year and twice this year a postponement has been granted in order to assist the applicant to obtain legal representation and explore a way of resolving the matter.  Earlier this week, I too indicated that I was prepared to hold the axe over until Friday morning to give them an opportunity to let them resolve the matter.
[3] At the end of the day, there really is no good cause shown why there should be a rescission.  All that there is, is a plea ad misericordiam. One obviously feels sorry for the applicant.  It is not pleasant to have a judgment granted against one but the court is not a charitable institution. If a person has no defence to a claim and a judgment has been granted, there is no good reason to set aside the judgment.
[4] Accordingly, the following order is made:
	The application is dismissed with costs.