Changing Tides 17 (Pty) Limited NO v Hlatywayo (2021/58187) [2023] ZAGPJHC 1237 (16 October 2023)
- Citation
- [2023] ZAGPJHC 1237
- Status
- Judgment
- Jurisdiction
- South Africa
- Court
- South Gauteng High Court, Johannesburg
- Panel
- GC Wright
- Case number
- 2021/58187
More details
- Court
- South Gauteng High Court, Johannesburg
- Panel
- GC Wright
- Case number
- 2021/58187
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The respondent failed to deliver a notice of intention to defend and admitted owing the amounts claimed by the applicant. No defence was disclosed in the answering affidavit, and the respondent did not appear at the hearing despite notice. The applicant is entitled to default judgment and execution against the respondent's immovable property.
Court disposition
Default judgment granted in favour of the applicant; execution against the respondent's immovable property authorised.
Orders
- Default judgment is granted in favour of the applicant for the amounts claimed.
- The applicant is authorised to execute against the respondent's immovable property.
02
Material facts
Parties
Changing Tides 17 (Proprietary) Limited N.O
Applicant Counsel: Adv A W PullingerFortunate Chakwamba Hlatywayo
Respondent03
Procedural history
Posture
Default Judgment Application / Hearing and Judgment
04
Questions and positions
Legal issues
- 01
Whether the applicant is entitled to default judgment against the respondent for the amount claimed.
- 02
Whether the respondent has disclosed any defence to the application for default judgment.
- 03
Whether execution against the respondent's immovable property is justified.
Party arguments
- Applicant
- The applicant claims money owed by the respondent and seeks to execute against the respondent's immovable property. The respondent failed to deliver a notice of intention to defend and admitted owing the amounts claimed in his affidavit. The applicant submits that no defence is disclosed and requests default judgment.
- Respondent
- The respondent admits owing the applicant the amounts claimed and states he is self-employed, committing to bring his arrears up to date due to current economic hardships. However, he does not provide details of his employment, earnings, or financial position, nor does he dispute the debt.
05
Court’s reasoning
Legal principles
- 01
Uniform Rules of Court, Rule 31(2)(a)
A default judgment may be granted where the defendant fails to deliver a notice of intention to defend and no defence is disclosed.
- 02
Standard Bank of SA Ltd v Secatsa Investments (Pty) Ltd 1999 (4) SA 229 (SCA)
Admission of liability by the respondent supports the applicant's entitlement to judgment.
06
Ratio, limits and disposition
Ratio decidendi
The respondent failed to deliver a notice of intention to defend and admitted owing the amounts claimed by the applicant. No defence was disclosed in the answering affidavit, and the respondent did not appear at the hearing despite notice. The applicant is entitled to default judgment and execution against the respondent's immovable property.
Obiter and limits
- The respondent's vague reference to economic hardship and commitment to pay arrears does not constitute a defence to the claim.
- The absence of details regarding the respondent's financial position undermines any suggestion of a bona fide defence.
Court disposition
Default judgment granted in favour of the applicant; execution against the respondent's immovable property authorised.
- Default judgment is granted in favour of the applicant for the amounts claimed.
- The applicant is authorised to execute against the respondent's immovable property.
Source and reliance status
South Gauteng High Court, Johannesburg
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Judgment reading view
Judgment text
The complete available source text.
South Gauteng High Court, Johannesburg
Judgment
IN
THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION,
JOHANNESBURG
CASE NO: 2021/58187
NOT REPORTABLE
NOT OF INTEREST TO
OTHER JUDGES
REVISED
16/10/23
In the matter between:
CHANGING TIDES 17 (PROPRIETARY) LIMITED N.O
APPLICANT And HLATYWAYO,
FORTUNATE CHAKWAMBA
RESPONDENT
JUDGMENT
WRIGHT J
1. The applicant issued summons against the respondent claiming money owed and seeking to execute against the respondent’s immovable property.
2. The respondent got the summons but did not deliver a notice of intention to defend. The applicant applied for default judgment. The respondent filed a short answering affidavit, dated 3 October 2022 in which he admits owing the applicant and in the amounts claimed. He says that he is self-employed and he has committed to bringing his arrears up to date, “which payment would bring my account almost to an acceptable level given current economic hardships. “The respondent does not say how he is self-employed or what he earns or what his financial position is.
3. In my view, no defence to the application is disclosed.
4. Mr Hlatwayo did not appear at the hearing despite notice.
5. Applicant’s counsel handed up a draft order.
ORDER
X as amended. -
GC Wright
Judge of the High Court
Gauteng Division, Johannesburg
HEARD : 16 October 2023
DELIVERED : 16 October 2023
APPEARANCES :
APPLICANT
Adv A W Pullinger
pullinger@counsel.co.za
082 560 6920 / 011 290 4000
Instructed by
Moodie & Robertson Attorneys
tim@moodierobertson.co.za / veroniquerobertson.co.za
011 463 8571
RESPONDENT
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