ACDC Dynamics (Pty) Ltd v Elucidation Pro (Pty) Ltd (2022/032799) [2024] ZAGPPHC 963 (2 October 2024)

ACDC Dynamics (Pty) Ltd v Elucidation Pro (Pty) Ltd (2022/032799) [2024] ZAGPPHC 963 (2 October 2024)

The court found that the deponent to the verifying affidavit, as Chief Financial Officer, had sufficient personal knowledge of the facts and the certificate of balance. The applicant's claim was based on a written agreement and a deed of suretyship, and the certificate of balance constituted prima facie proof of the amount owing. The points in limine raised by the respondents, including lack of personal knowledge, multiple causes of action, and non-compliance with rule 32(2)(b), were dismissed as unfounded and unsupported by authority. The defence of non-joinder was rejected because the franchising CC was a separate entity and not a party to the agreement forming the basis of the claim....

Citation
[2024] ZAGPPHC 963
Parties
Applicant: ACDC Dynamics (Pty) Ltd; Respondent: Elucidation Pro (Pty) Ltd; Respondent: Sheri-Lee Kriel; Respondent: Christiaan Jacobus Rabie; Respondent: Suria Rabie
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
2 October 2024
Case Number
2022/032799
Procedural Posture
Summary Judgment Application / Application for Summary Judgment Against First and Second Defendants; Postponed Against Third and Fourth Defendants
Outcome
Summary judgment granted against the first and second defendants jointly and severally; application against third and fourth defendants postponed sine die, costs reserved.
Judges
Van der Merwe
Legal Topics
Summary Judgment, Suretyship, Certificate of Balance, Non Joinder, Prescription, Rule 32
Civil Procedure Commercial and Corporate Summary Judgment Suretyship Certificate of Balance Non Joinder Prescription Rule 32

Case Brief

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Parties

ACDC Dynamics (Pty) Ltd

Applicant

Elucidation Pro (Pty) Ltd

Respondent

Sheri-Lee Kriel

Respondent

Christiaan Jacobus Rabie

Respondent

Suria Rabie

Respondent

Procedural Posture

Summary Judgment Application / Application for Summary Judgment Against First and Second Defendants; Postponed Against Third and Fourth Defendants

Legal Issues

  1. 1 Whether the deponent to the verifying affidavit has sufficient personal knowledge to depose to the affidavit.
  2. 2 Whether the first and second defendants' defence of non-joinder constitutes a bona fide defence and is good in law.
  3. 3 Whether the first and second defendants' defence of prescription constitutes a bona fide defence.

Ratio Decidendi

The court found that the deponent to the verifying affidavit, as Chief Financial Officer, had sufficient personal knowledge of the facts and the certificate of balance. The applicant's claim was based on a written agreement and a deed of suretyship, and the certificate of balance constituted prima facie proof of the amount owing. The points in limine raised by the respondents, including lack of personal knowledge, multiple causes of action, and non-compliance with rule 32(2)(b), were dismissed as unfounded and unsupported by authority. The defence of non-joinder was rejected because the franchising CC was a separate entity and not a party to the agreement forming the basis of the claim....

Court Disposition

Summary judgment granted against the first and second defendants jointly and severally; application against third and fourth defendants postponed sine die, costs reserved.

Orders

  • Summary judgment is granted against the first and second defendants jointly and severally, the one paying the other to be absolved.
  • Payment of the sum of R1,056,844.07.