Leen v First National Bank (Pty) Ltd (C of A (CIV) 16 of 2016) [2016] LSCA 27 (28 October 2016)

SUMMARY Judgments and orders – Rescission under rule 45(1)(a) – Whether admission by Counsel acknowledging service of court process to his client is hearsay - The amount already paid not discounted when summons was issued – Whether judgment was erroneously granted.

SUMMARY: Judgments and orders – Rescission – A claim for compensation arising out of breach of contract – Court granting default judgment without evidence being tendered – High Court Rule 45(1) – Whether an order erroneously granted.