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Case Name | Citation(s) | Court | Jurisdiction | Date † | Full Text | Citation Index | |
Moodley v Minister of Education and Culture, House of Delegates |
[1989] ZASCA 45; |
Supreme Court of Appeal of South Africa | South Africa | 31 Mar 1989 | SAFLII |
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" An order or judgment is 'erroneously granted' when the Court commits an 'error' in the sense of 'a mistake in a matter of law appearing on the proceedings of a Court of record' (The Shorter Oxford Dictionary) It follows that a Court in deciding whether a judgment was 'erroneously granted' is, like a Court of Appeal, confined to the record of proceedings In contradistinction to relief in terms of Rule 31(2)(b) or under the common law, the applicant need not show 'good cause' in the sense of an explanation for his default and a bona fide defence (Hardroad (Pty) Ltd v Oribi Motors (Pty) Ltd (supra) at 578F-G; De Wet (2) at 777F-G; Tshabalala v Pierre | South Africa | circa 1979 | LexisNexis |
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