HL Matlala Properties CC and Another v SA Secularization Programme (Pty) Limited and Another (80902/2017) [2020] ZAGPPHC 189 (3 March 2020)

HL Matlala Properties CC and Another v SA Secularization Programme (Pty) Limited and Another (80902/2017) [2020] ZAGPPHC 189 (3 March 2020)

The court found that the applicants had sufficiently verified the causes of action and amounts claimed in the supporting affidavit, despite minor errors in wording. The respondents failed to disclose any defence to the claims in respect of Claims A to E. The court was satisfied that summary judgment was properly granted against the First Respondent for these claims. In respect of the Guarantee, the court found that verification was inadequate, and leave to defend was correctly granted to the Second Respondent. There were no prospects of success on appeal regarding Claims A to E, and the application for leave to appeal was dismissed with costs.

Citation
[2020] ZAGPPHC 189
Parties
Applicant: HL Matlala Properties CC; Applicant: Hosea Layton Matlala; Respondent: SA Securitization Programme (Pty) Limited; Respondent: Sasfin Bank Limited; Respondent: Sunlyn (Pty) Limited
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
3 March 2020
Case Number
80902/2017
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Summary Judgment
Outcome
Application for leave to appeal dismissed with costs.
Judges
JG Rautenbach
Legal Topics
Summary Judgment, Verification of Cause of Action, Affidavit Requirements
Civil Procedure Summary Judgment Verification of Cause of Action Affidavit Requirements

Case Brief

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Parties

HL Matlala Properties CC

Applicant

Hosea Layton Matlala

Applicant

SA Securitization Programme (Pty) Limited

Respondent

Sasfin Bank Limited

Respondent

Sunlyn (Pty) Limited

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against Summary Judgment

Legal Issues

  1. 1 Whether the application for leave to appeal against the summary judgment in respect of Claims A to E should be granted.
  2. 2 Whether there was proper verification of the causes of action relied upon by the applicants.
  3. 3 Whether any defence was disclosed by the respondents to justify leave to appeal.

Ratio Decidendi

The court found that the applicants had sufficiently verified the causes of action and amounts claimed in the supporting affidavit, despite minor errors in wording. The respondents failed to disclose any defence to the claims in respect of Claims A to E. The court was satisfied that summary judgment was properly granted against the First Respondent for these claims. In respect of the Guarantee, the court found that verification was inadequate, and leave to defend was correctly granted to the Second Respondent. There were no prospects of success on appeal regarding Claims A to E, and the application for leave to appeal was dismissed with costs.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed with costs.
  • Leave to defend in respect of the Guarantee remains granted to the Second Respondent; costs to be costs in the cause.