Old Mutual Property Investment (Private) Limited v Mogola Enterprises (Private) Limited

Key Issues

• {"issue_text":"Whether applicant provided good and sufficient cause for rescission of default judgment","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant denied receiving summons; produced receptionist affidavits; Sheriff's return defective"}
• {"issue_text":"Whether service of summons was properly effected","issue_type":"mixed","dispositive":"no","related_facts":"Sheriff's return unnamed receptionist; receptionists denied service; mail registers showed no record"}
• {"issue_text":"Whether respondent breached arbitration clause by instituting court proceedings","issue_type":"law","dispositive":"no","related_facts":"Arbitral award directed arbitration; lease agreement had arbitration clause"}
• {"issue_text":"Whether respondent had valid cause of action against applicant","issue_type":"law","dispositive":"no","related_facts":"No direct lease agreement between parties; generator agreement with third parties"}
• {"issue_text":"Whether claim had prescribed under Prescription Act","issue_type":"law","dispositive":"no","related_facts":"Monthly debts from 2006; claim instituted August 2015; three-year prescription period"}

Background