Kunkoon NO and Others v Tsholoba (Pty) Ltd and Another (2022/26671) [2025] ZAGPJHC 247 (11 March 2025)

Kunkoon NO and Others v Tsholoba (Pty) Ltd and Another (2022/26671) [2025] ZAGPJHC 247 (11 March 2025)

The court found that the defendants had admitted liability for an unspecified lesser sum in their plea, and the plaintiff's computation of R576,994.10 was properly inferred from the pleadings and supporting accounts. The defendants failed to raise a bona fide defence to the admitted portion, and their challenge to the computation was not raised before the court a quo. The appropriate remedy for any computation error is a Rule 42 application, not an appeal. The threshold for granting leave to appeal was not met, as there was no reasonable prospect that another court would come to a different conclusion regarding the partial summary judgment. Accordingly, the application for leave to appeal...

Citation
[2025] ZAGPJHC 247
Parties
Plaintiff: Jujdeeshin Kunkoon NO; Plaintiff: Ridwaan Asmal NO; Plaintiff: Petersen, Isak Smolly NO; Plaintiff: Azizollahoff, Brian Hilton NO; Defendant: Tsholoba (Pty) Ltd; Defendant: Chere Joseph Senzani
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
11 March 2025
Case Number
2022/26671
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Summary Judgment
Outcome
Application for leave to appeal dismissed with costs.
Judges
R Sutherland
Legal Topics
Summary Judgment, Lease Dispute, Admissions of Liability, Leave to Appeal, Rule 42 Variation
Civil Procedure Land and Property Summary Judgment Lease Dispute Admissions of Liability Leave to Appeal Rule 42 Variation

Case Brief

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Parties

Jujdeeshin Kunkoon NO

Plaintiff

Ridwaan Asmal NO

Plaintiff

Petersen, Isak Smolly NO

Plaintiff

Azizollahoff, Brian Hilton NO

Plaintiff

Tsholoba (Pty) Ltd

Defendant

Chere Joseph Senzani

Defendant

Procedural Posture

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

Legal Issues

  1. 1 Whether leave to appeal should be granted against a partial summary judgment order.
  2. 2 Whether the computation of the admitted sum owing was properly inferred from the pleadings.
  3. 3 Whether a computation error constitutes a valid ground for appeal.

Ratio Decidendi

The court found that the defendants had admitted liability for an unspecified lesser sum in their plea, and the plaintiff's computation of R576,994.10 was properly inferred from the pleadings and supporting accounts. The defendants failed to raise a bona fide defence to the admitted portion, and their challenge to the computation was not raised before the court a quo. The appropriate remedy for any computation error is a Rule 42 application, not an appeal. The threshold for granting leave to appeal was not met, as there was no reasonable prospect that another court would come to a different conclusion regarding the partial summary judgment. Accordingly, the application for leave to appeal...

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed.
  • The defendants will bear the costs of the application for leave to appeal.