2010/07/30 09:08:27 PM debbieb01 Posts: 20	A tenant who did not appear in the Small Claims court, and who was granted default judgement for various cancellation costs, did not pay the award. When the Sheriff of the court appeared, the tenant paid up. However, the tenant claims he was never notified by the courts of the default judgement, nor by the plaintiff. Tenant is now claiming these costs back from the Plaintiff [Landlord] (lodging a case in another provincial court), claiming not to have received notification of the default judgement. Tenant did receive notice of the summons, and did respond to the court notice, albeit after the case had been heard. Tenant has already been awarded a judgement for a case opened against the Landord, and has now has lodged this case to recover the default judgement that he was forced to pay. However, this second case is the same cause of action, against the same Landlord. Question, can he sue the same Landlord twice, for same cause of action (same property, same Landlord, and for a case he lost [in another province])? Question, whose duty is it to notify the defendant of the default judgement?
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2010/08/07 09:24:41 PM Marc Lunau Posts: 169	I am no lawyer, but it is the courts duty to deliver the summons to the tenants domicilium which is most likely at the place he stayed during your lease. Its and old trick to get default judgement. Tough luck that he received it late I guess. What I do not understand is how another court could be used for his counter claim as only one court has jurisdiction over a case. And on what grounds did he win his counter claim? I am not sure why there is a second, identical claim. I do not understand what you mean. edited by marcl on 2010/08/09 -- Investor and Property Manager with value add solutions www.houses4rent.co.za
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2010/08/09 08:24:24 AM debbieb01 Posts: 20	Great advice, I concur. In some provincial courts, the courts do notify the defendant , but they say it is merely a courtesy, and not a requirement. Other provincial courts do not, and they claim, that as Summons was duly served, that the defendant is fully aware of the case. The fact that the defendant chose to be an ostrich until the Sheriff arrived, and he turned into a bewitched cat thereafter is not their concern. The further fact that the defendant faxed the courts the day after is proof again that he is aware of the case, and he himself had a duty to gain the verdict, as he chose not to be in attendance. The lost case was in another provincial court, however the defendant in that case is suing in another provincial court, for recovery of the default judgement back from the original plaintiff. I'd still be interested to know if the defendant in this case, can turn into the Plaintiff to claw back the default judgement that he lost, especially that it was in another province?
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2010/09/22 09:54:06 AM debbieb01 Posts: 20	This case was heard, and the Commissioner advised the rescission must be heard in the original court it was heard in. However, I have a question, as the case was heard 10 months ago, hasn't the six-weeks period to rescind lapsed? The defendant claims to have never been notified of the default judgment, but did communicate with the courts prior and after the court date. Defendant also received two summonses'. So the question, can a defendant apply for rescission of a small claims court case, if they believe they were not notified? The SCC advise it is not their duty to advise the defendants of the outcome. Although some courts do send out a postal notification, it is not a requirement in terms of the SCC act. Can any leagle beagle clarify any of the above?
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