Gcora v Ascon Engineering CC and Another (3374/2024) [2025] ZAECQBHC 18 (13 May 2025)

Gcora v Ascon Engineering CC and Another (3374/2024) [2025] ZAECQBHC 18 (13 May 2025)

The application for summary judgment was dismissed because the plaintiff's supporting affidavit failed to comply with Rule 32(2)(b) by not verifying the cause of action or the facts on which the claim was based, nor did it adequately address the bona fides of the defences raised by the defendants. The defendants raised genuine disputes of fact regarding the terms of the alleged agreement for fees and the personal liability of the second defendant, which could only be resolved at trial. The court found that both defendants were entitled to leave to defend, and that the plaintiff, having known of the pleaded defences, should pay costs on a punitive scale.

Citation
[2025] ZAECQBHC 18
Parties
Plaintiff: Sipho Gcora; Defendant: Ascon Engineering CC; Defendant: Gonasagree Mathura
Court
Eastern Cape High Court, Gqeberha
Jurisdiction
South Africa
Judgment Date
13 May 2025
Case Number
3374/2024
Procedural Posture
Summary Judgment Application / Application for Summary Judgment Following Delivery of Plea and Special Pleas by Defendants.
Outcome
Application for summary judgment dismissed; defendants granted leave to defend; plaintiff ordered to pay costs on attorney and client scale.
Judges
J W Eksteen
Legal Topics
Summary Judgment, Contractual Dispute, Professional Services Fee, Suretyship Requirement, Agency Liability
Civil Procedure Commercial and Corporate Summary Judgment Contractual Dispute Professional Services Fee Suretyship Requirement Agency Liability

Case Brief

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Parties

Sipho Gcora

Plaintiff

Ascon Engineering CC

Defendant

Gonasagree Mathura

Defendant

Procedural Posture

Summary Judgment Application / Application for Summary Judgment Following Delivery of Plea and Special Pleas by Defendants.

Legal Issues

  1. 1 Whether the plaintiff's supporting affidavit for summary judgment complies with Rule 32(2)(b).
  2. 2 Whether the defendants have raised bona fide defences entitling them to leave to defend.
  3. 3 Whether the second defendant, as sole member of the first defendant, can be held personally liable absent a written suretyship.

Ratio Decidendi

The application for summary judgment was dismissed because the plaintiff's supporting affidavit failed to comply with Rule 32(2)(b) by not verifying the cause of action or the facts on which the claim was based, nor did it adequately address the bona fides of the defences raised by the defendants. The defendants raised genuine disputes of fact regarding the terms of the alleged agreement for fees and the personal liability of the second defendant, which could only be resolved at trial. The court found that both defendants were entitled to leave to defend, and that the plaintiff, having known of the pleaded defences, should pay costs on a punitive scale.

Court Disposition

Application for summary judgment dismissed; defendants granted leave to defend; plaintiff ordered to pay costs on attorney and client scale.

Orders

  • The application for summary judgment is dismissed.
  • The defendants are given leave to defend the action.