Boesch N.O and Others v Mason Africa Group (Pty) Limited (2021/55096) [2023] ZAGPJHC 929 (18 April 2023)

Boesch N.O and Others v Mason Africa Group (Pty) Limited (2021/55096) [2023] ZAGPJHC 929 (18 April 2023)

The plaintiffs failed to comply with Rule 32(2)(b) by not adequately explaining in their affidavit why the defendant's pleaded defences do not raise any issue for trial or lack bona fides. The affidavit did not engage with several substantive defences raised by the defendant, including the calculation and allocation of charges, the timing and nature of rental payments, and the impact of COVID-19 regulations. Furthermore, the monetary claim is not for a liquidated amount in money, as the sum claimed comprises various charges calculated by unpleaded methodologies and is not capable of prompt and accurate ascertainment. As a result, the application for summary judgment cannot succeed.

Citation
[2023] ZAGPJHC 929
Parties
Plaintiff: Tiffany-Ann Boesch N.O.; Plaintiff: Victor Schroeder N.O.; Plaintiff: Nicholas John Battersby N.O.; Plaintiff: Izak Johannes Smit N.O.; Defendant: The Mason Africa Group (Pty) Limited
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
18 April 2023
Case Number
2021/55096
Procedural Posture
Summary Judgment Application / Application for Summary Judgment Following Delivery of Plea
Outcome
Application for summary judgment dismissed with costs.
Judges
RJ Moultrie
Legal Topics
Summary Judgment, Commercial Lease, Liquidated Claim, Breach of Contract, Covid19 Regulations, Reciprocal Obligations
Civil Procedure Commercial and Corporate Summary Judgment Commercial Lease Liquidated Claim Breach of Contract Covid19 Regulations Reciprocal Obligations

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 6 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Tiffany-Ann Boesch N.O.

Plaintiff

Victor Schroeder N.O.

Plaintiff

Nicholas John Battersby N.O.

Plaintiff

Izak Johannes Smit N.O.

Plaintiff

The Mason Africa Group (Pty) Limited

Defendant

Procedural Posture

Summary Judgment Application / Application for Summary Judgment Following Delivery of Plea

Legal Issues

  1. 1 Whether the plaintiffs complied with Rule 32(2)(b) by explaining why the defence as pleaded does not raise any issue for trial.
  2. 2 Whether the plaintiffs' monetary claim is for a liquidated amount in money as required by Rule 32(1)(b).
  3. 3 Whether the defendant's pleaded defences are bona fide and constitute a triable issue.

Ratio Decidendi

The plaintiffs failed to comply with Rule 32(2)(b) by not adequately explaining in their affidavit why the defendant's pleaded defences do not raise any issue for trial or lack bona fides. The affidavit did not engage with several substantive defences raised by the defendant, including the calculation and allocation of charges, the timing and nature of rental payments, and the impact of COVID-19 regulations. Furthermore, the monetary claim is not for a liquidated amount in money, as the sum claimed comprises various charges calculated by unpleaded methodologies and is not capable of prompt and accurate ascertainment. As a result, the application for summary judgment cannot succeed.

Court Disposition

Application for summary judgment dismissed with costs.

Orders

  • The application for summary judgment is dismissed.
  • The plaintiffs are ordered to pay the defendant's costs on the usual scale.