Bloem and Another v NWK Limited (750/2021) [2024] ZANWHC 83 (20 March 2024)

Bloem and Another v NWK Limited (750/2021) [2024] ZANWHC 83 (20 March 2024)

None of the four Rule 30(2) complaints raised by the applicants constitute irregular steps as envisaged by Rule 30 of the Uniform Rules of Court. The applicants' financial inability to deliver a plea, correspondence with prejudice, alleged lack of jurisdiction, and NWK's refusal to accept legal tender do not amount to procedural irregularities. Furthermore, the Rule 30 application itself was procedurally defective as it failed to afford NWK the prescribed ten-day period to remove the alleged cause of complaint. The application is therefore dismissed with costs on an attorney and client scale, as agreed between the parties in the credit facility agreement.

Citation
[2024] ZANWHC 83
Parties
Applicant: Schalk Jacobus Bloem; Applicant: Sarel Johannes Petrus Bloem; Respondent: NWK Limited
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
20 March 2024
Case Number
750/2021
Procedural Posture
Rule 30 Application / Application to Set Aside Alleged Irregular Steps in Main Action Prior to Default Judgment
Outcome
Application dismissed with costs on an attorney and client scale.
Judges
A H Petersen
Legal Topics
Rule 30 Irregular Proceedings, Default Judgment, Credit Facility Agreement, Special Plea Jurisdiction, Attorney and Client Costs
Civil Procedure Commercial and Corporate Rule 30 Irregular Proceedings Default Judgment Credit Facility Agreement Special Plea Jurisdiction Attorney and Client Costs

Case Brief

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Parties

Schalk Jacobus Bloem

Applicant

Sarel Johannes Petrus Bloem

Applicant

NWK Limited

Respondent

Procedural Posture

Rule 30 Application / Application to Set Aside Alleged Irregular Steps in Main Action Prior to Default Judgment

Legal Issues

  1. 1 Whether any of the four Rule 30(2) complaints raised by the applicants constitute irregular steps as envisaged by Rule 30 of the Uniform Rules of Court.
  2. 2 Whether the applicants' financial inability to deliver a plea, correspondence with prejudice, alleged lack of jurisdiction, or refusal to accept legal tender by NWK can be considered procedural irregularities.
  3. 3 Whether the Rule 30 application itself was procedurally compliant given the failure to afford NWK the prescribed opportunity to remove the cause of complaint.

Ratio Decidendi

None of the four Rule 30(2) complaints raised by the applicants constitute irregular steps as envisaged by Rule 30 of the Uniform Rules of Court. The applicants' financial inability to deliver a plea, correspondence with prejudice, alleged lack of jurisdiction, and NWK's refusal to accept legal tender do not amount to procedural irregularities. Furthermore, the Rule 30 application itself was procedurally defective as it failed to afford NWK the prescribed ten-day period to remove the alleged cause of complaint. The application is therefore dismissed with costs on an attorney and client scale, as agreed between the parties in the credit facility agreement.

Court Disposition

Application dismissed with costs on an attorney and client scale.

Orders

  • The application is dismissed with costs on an attorney and client scale.