Restitution of Land Rights Act, 1994 (Act No. 22 of 1994)RulesLand Claims Court RulesPart J : Hearings58. Hearing where a party is in default |
| (1) | Should the applicant or plaintiff appear at the commencement of a hearing and any other party fail to appear, the Court may continue with the hearing and make any order which it considers just in the absence of that party. |
| (2) | Should the applicant or plaintiff fail to appear at the commencement of a hearing, the Court may dismiss the case or make any other order which it considers just. |
| (3) | If a party has failed to deliver a notice of appearance in terms of rule 25(1), application for the matter to be heard may be made in terms of rule 55, without notice to that party. |
| (4) | If a party— |
| (a) | is barred from delivering an answering affidavit, response or plea; or |
| (b) | is no longer entitled to the rights given to a participating party in terms of rule 26(2), the matter may be set down for hearing on at least five days' written notice to that party. |
| (5) | If any party applies for default judgment, he or she must present the evidence necessary to support the judgment. |
| (6) | A party may apply to the Court to rescind or vary any judgment or order granted in his or her absence, provided the application is filed within twenty days after he or she became aware of the judgment or order. |
| (7) | An application in terms of subrule (6) may be granted only if the applicant shows good cause for such rescission or variation. |