Peter Fredrick Rennie v Elizabeth Khaka

Key Issues

• {"issue_text":"Whether application for rescission was made within 30 days of knowledge of judgment as required by Order 9 r 63(1)","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant claims knowledge from 10 November 2015, application filed 26 November 2015; legal practitioners' letter dated 15 October 2015 cited case reference"}
• {"issue_text":"Whether there was good and sufficient cause for rescission considering reasonableness of explanation for default","issue_type":"mixed","dispositive":"no","related_facts":"Applicant blames domestic helper for not bringing papers to attention; service effected at former matrimonial home"}
• {"issue_text":"Whether the application was bona fide","issue_type":"mixed","dispositive":"no","related_facts":"Applicant's history of non-compliance with deed; intention to honour despite prescription argument"}
• {"issue_text":"Whether the merits support rescission based on prescription argument","issue_type":"law","dispositive":"no","related_facts":"Deed from 2008, registered 2012; chamber application made 2010; applicant's stated intention to honour"}

Background