Changing Tides 17 (Pty) Limited NO v Hlatywayo (2021/58187) [2023] ZAGPJHC 1237 (16 October 2023)
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...
Source-derived case information.
- Citation
- [2023] ZAGPJHC 1237
- Parties
- Applicant: Changing Tides 17 (Proprietary) Limited N.O; Respondent: Fortunate Chakwamba Hlatywayo
- Court
- South Gauteng High Court, Johannesburg
- Jurisdiction
- South Africa
- Case Number
- 2021/58187
- Procedural Posture
- Default Judgment Application / Hearing and Judgment
- Outcome
- Default judgment granted in favour of the applicant; execution against the respondent's immovable property authorised.
- Judges
- GC Wright
- Legal Topics
- Default Judgment, Execution Against Immovable Property, Debt Recovery
Source-derived case record
Summary, issues, holding and outcome
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Parties
Changing Tides 17 (Proprietary) Limited N.O
Applicant
Fortunate Chakwamba Hlatywayo
Respondent
Procedural Posture
Default Judgment Application / Hearing and Judgment
Legal Issues
- 1 Whether the applicant is entitled to default judgment against the respondent for the amount claimed.
- 2 Whether the respondent has disclosed any defence to the application for default judgment.
- 3 Whether execution against the respondent's immovable property is justified.
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.
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.
Full Case Text
Judgment text and source record
33 paragraphs
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