Liberty Group Ltd v Singh and Another (9105/2011) [2012] ZAKZDHC 33; 2012 (5) SA 526 (KZD) (7 June 2012)

Liberty Group Ltd v Singh and Another (9105/2011) [2012] ZAKZDHC 33; 2012 (5) SA 526 (KZD) (7 June 2012)

The court held that an attorney with a certificate of right of appearance issued by the Registrar of another division is entitled to appear and sign pleadings qua advocate in any division, but not qua attorney unless enrolled in that division. The procedural irregularity in the signing of the combined summons was condoned as no prejudice was shown. The broking agreement did not constitute a 'secured loan' under the National Credit Act, and thus compliance with Rule of Practice No. 28 was not required. The defendants failed to provide sufficient particulars to establish a bona fide defence, and summary judgment was granted.

Citation
[2012] ZAKZDHC 33
Parties
Plaintiff: Liberty Group Limited; Defendant: Roychand Singh; Defendant: Reetha Devi Singh
Court
Kwazulu-Natal High Court, Durban
Jurisdiction
South Africa
Judgment Date
7 June 2012
Case Number
9105/2011
Procedural Posture
Summary Judgment Application / Judgment Delivered After Hearing on 11 May 2012
Outcome
Summary judgment granted against both defendants, jointly and severally.
Judges
K. Swain
Legal Topics
Right of Appearance Act, Attorneys Act, Summary Judgment, Secured Loan Definition, Condonation of Irregularity
Civil Procedure Commercial and Corporate Right of Appearance Act Attorneys Act Summary Judgment Secured Loan Definition Condonation of Irregularity

Case Brief

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Parties

Liberty Group Limited

Plaintiff

Roychand Singh

Defendant

Reetha Devi Singh

Defendant

Procedural Posture

Summary Judgment Application / Judgment Delivered After Hearing on 11 May 2012

Legal Issues

  1. 1 Whether the attorney who signed the combined summons and particulars of claim was entitled to do so under the Right of Appearance in Courts Act and the Attorneys Act.
  2. 2 Whether the plaintiff complied with Rule of Practice No. 28 and the National Credit Act requirements.
  3. 3 Whether the broking agreement constitutes a 'secured loan' under the National Credit Act.

Ratio Decidendi

The court held that an attorney with a certificate of right of appearance issued by the Registrar of another division is entitled to appear and sign pleadings qua advocate in any division, but not qua attorney unless enrolled in that division. The procedural irregularity in the signing of the combined summons was condoned as no prejudice was shown. The broking agreement did not constitute a 'secured loan' under the National Credit Act, and thus compliance with Rule of Practice No. 28 was not required. The defendants failed to provide sufficient particulars to establish a bona fide defence, and summary judgment was granted.

Court Disposition

Summary judgment granted against both defendants, jointly and severally.

Orders

  • Payment of the amount of R466,780.77 by the first and second defendants, jointly and severally, the one paying the other to be absolved.
  • Interest at the rate of 15.5% per annum a tempore mora from 20 November 2009 to date of payment.