On 9 November 2007, the first applicant obtained default judgment against the respondent in the Magistrate’s court for the district of Windhoek in Case No 2650/2007 for the amount of N$173,573.81. On 30 August 2011, after the discharge of the provisional sequestration order of this court referred to above (4 October 2010), the respondent applied to the Magistrate’s court for rescission of that default judgment. On 9 December 2011 the application for rescission was dismissed. It was held in essence that the respondent had not made out a proper case for or provided a proper explanation for the considerable time taken to apply for rescission of the judgment.
