Senziwani Sikhosana and Fungai Sikhosana v Acol Chemical Holdings (Pvt) Ltd

Key Issues

• {"issue_text":"Whether the application for rescission was filed within the prescribed time limits","issue_type":"procedural","dispositive":"no","related_facts":"Application filed 4 days after alleged knowledge; Rule 63 presumption of knowledge within 2 days"}
• {"issue_text":"Whether there was reasonable explanation for the default","issue_type":"mixed","dispositive":"yes","related_facts":"Receptionist misfiled notice; legal practitioner negligence"}
• {"issue_text":"Whether applicants were in wilful default","issue_type":"factual","dispositive":"yes","related_facts":"Applicants unaware of trial date due to misfiling"}
• {"issue_text":"Whether applicants have bona fide defence with reasonable prospects of success","issue_type":"mixed","dispositive":"yes","related_facts":"Denial of fraudulent conduct; assets personally owned"}

Background