MJG Logistics (Pty) Ltd v Foloyi Construction and Projects CC (2863/2023) [2024] ZAMPMHC 37 (10 July 2024)

MJG Logistics (Pty) Ltd v Foloyi Construction and Projects CC (2863/2023) [2024] ZAMPMHC 37 (10 July 2024)

The defendant's plea constitutes a bare denial and fails to set out any material facts supporting a bona fide defence, rendering it non-compliant with Rule 22 of the Uniform Rules of Court. The defendant's attempt to introduce new defences in the affidavit opposing summary judgment is impermissible, as such defences must be pleaded and contemporaneous with the plea. The court finds that the defendant cannot rely on new defences raised only in the affidavit, and as the plea does not disclose a triable issue or bona fide defence, summary judgment must be granted in favour of the plaintiff.

Citation
[2024] ZAMPMHC 37
Parties
Plaintiff: MJG Logistics (Pty) Ltd; Defendant: Foloyi Construction and Projects CC
Court
Middelburg High Court, Mpumalanga
Jurisdiction
South Africa
Judgment Date
10 July 2024
Case Number
2863/2023
Procedural Posture
Summary Judgment Application / Opposed Summary Judgment After Plea Filed
Outcome
Summary judgment granted in favour of the plaintiff with costs.
Judges
MBG Langa
Legal Topics
Summary Judgment, Pleading Requirements, Bona Fide Defence, Uniform Rules of Court Rule 32
Civil Procedure Summary Judgment Pleading Requirements Bona Fide Defence Uniform Rules of Court Rule 32

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 7 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

MJG Logistics (Pty) Ltd

Plaintiff

Foloyi Construction and Projects CC

Defendant

Procedural Posture

Summary Judgment Application / Opposed Summary Judgment After Plea Filed

Legal Issues

  1. 1 Whether the defendant's plea discloses a bona fide defence or triable issue to resist summary judgment.
  2. 2 Whether the defendant may rely on new defences raised in the affidavit opposing summary judgment that were not pleaded.
  3. 3 Whether the defendant's plea complies with Rule 22 of the Uniform Rules of Court.

Ratio Decidendi

The defendant's plea constitutes a bare denial and fails to set out any material facts supporting a bona fide defence, rendering it non-compliant with Rule 22 of the Uniform Rules of Court. The defendant's attempt to introduce new defences in the affidavit opposing summary judgment is impermissible, as such defences must be pleaded and contemporaneous with the plea. The court finds that the defendant cannot rely on new defences raised only in the affidavit, and as the plea does not disclose a triable issue or bona fide defence, summary judgment must be granted in favour of the plaintiff.

Court Disposition

Summary judgment granted in favour of the plaintiff with costs.

Orders

  • The application for summary judgment is granted in favour of the plaintiff with costs.