[1] On 14 May 2012 the appellant launched an application for the rescission of a judgment which had been granted by default in favour of the respondent on 8 May 2012 by the magistrate in the Magistrate’s Court  for the District of Butterworth. The application for rescission was opposed by the respondent and a full exchange of affidavits occurred between the parties.

[2] On 13 August 2012 the magistrate dismissed the application for rescission and directed the appellant to pay the costs of the application on the scale as between attorney and client. The present appeal is directed against the correctness of that decision.

[3] The appeal was initially argued in this court on 14 February 2014, before BESHE J the late DUKADA J. At the commencement of the appeal hearing the court granted an application for condonation which had been introduced by the appellant to explain a delay in the prosecution of the appeal. After hearing argument the court reserved judgment on the appeal. Prior to the delivery of that judgment the late DUKADA J passed away. In the circumstances, on 6 May 2015 the Acting Deputy Judge President directed that the appeal be argued afresh. However, the order granting the appellant condonation remains unaffected by the subsequent developments in the matter.