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IN THE HIGH COURT OF SOUTH AFRICA

GAUTENG DIVISION, PRETORIA

 

(1)     REPORT ABLE: NO

(2)     OF INTEREST TO OTHER JUDGES: NO

(3)     REVISED: NO

 

CASE NO: 3176/2016

21/8/2019

 

In the matter between:

 

GOODWILL SIKHUKHULA SITHOLE                                                         First Applicant

SOLID GLORY SECURITY AND

CONSULTANT CC                                                                                           Second Applicant

 

and

 

ASTFIN GAUTENG (PTY) LTD

t/a ASSETFIN                                                                                                  First Respondent

SHERIFF WONDERBOOM                                                                          Second Respondent

JUDGMENT

ANDREWS, AJ

 

Having heard counsel and having read the papers filed of record

 

[1]          The Applicants have failed to establish an error on the part of Justice Maumela and in accordance with Rule 31 (2) (b) of the Uniform Rules of Court. The applicants delayed for almost one and half years before launching this application for rescission. That of it itself in these circumstances is an indication of the applicants' lack of bona fides to pursue the application with any degree of seriousness.

[2]          The defence that there was not proper service on the domicilium citandi is also without merit. It is an address chosen by the applicants. They took no steps to change the domiciium address with the respondent.

 

[3]          In the result

The application for rescission of the order of the Honourable Justice Maumela which was made on 7^th April, 2016 is dismissed with costs.

 

 

 

P E ANDREWS

ACTING JUDGE OF THE HIGH COURT

GAUTENG DIVISION, PRETORIA

 

 

Heard on                                       : 21 August 2018

On Behalf of the Applicant            : Advocate Baloyi

On Behalf of the Respondent        :Advocate Wildenboer

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