Fana Hlongwane instituted legal proceedings against Tiso Blackstar when he sued for R2m for alleged defamatory statements.
In arguing for the cancellation of the judgment, the company denied that the statements were defamatory and contended that the trial court would be better suited to decide the issue, when the issues had been fully ventilated during a trial.
In rescinding the default judgment on Wednesday, Judge Ronel Tolmay said the explanation put forward by Tiso Blackstar for its failure to defend the application by Hlongwane was adequate. The court file however only contained an unstamped copy of the combined summons and did not have any case number attached to it.
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