JUDGMENT
TWALA J
[1] This is an opposed application wherein the applicant sought the following
orders:
a) Condoning the late filing of the application for rescission of the judgments granted on 5 August 2014 and 27 February 2015;
b) Rescinding the judgments granted on 5 August 2014 and 27 February 2015;
c) In the event of the judgment being granted, then setting aside the sale in execution;
d) Staying the transfer of the property Erf 87 Broadacres, Extensin 9 Township, pending the final decision on this application;
e) Costs of suit in the event the application is opposed.
[2] The second to fifth respondents did not file any opposing papers. I therefore propose to refer only to the first respondent in this judgment. Counsel for the first respondent submitted that the parties have agreed that the application for condonation for the late filing of the application for the rescission of
judgment is not being opposed. Therefore, there being no prejudice to be suffered by any of the parties, the application for condonation was granted.
[3] Counsel for the first respondent raised a point in limine at the start of the hearing in that the applicant did not raise the issue of reinstatement of the loan agreement before it was cancelled by the first respondent due to non-payment of the arrears in its founding papers but only in its replying…
