Mncube v Wesbank a Division of FirstRand Bank Limited (2022/9750) [2023] ZAGPJHC 895 (10 August 2023)

Mncube v Wesbank a Division of FirstRand Bank Limited (2022/9750) [2023] ZAGPJHC 895 (10 August 2023)

The court found that the respondent's application for summary judgment was not irregular and was delivered within the prescribed time period. The applicant delivered his consolidated plea, incorporating both amendments, on 26 July 2022. The respondent then delivered its summary judgment application fifteen days later, on 17 August 2022, which complied with Rule 32(2)(a). The court held that the time period for summary judgment runs from the date of the amended plea, not the initial plea, when amendments are effected. The applicant's argument that the respondent should have ignored the notices of intention to amend and proceeded on the initial plea was rejected. The court relied on City...

Citation
[2023] ZAGPJHC 895
Parties
Applicant: Mr Standford Siyabonga Mncube; Respondent: Wesbank, a division of FirstRand Bank Limited
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
10 August 2023
Case Number
2022/9750
Procedural Posture
Civil Application / Opposed Rule 30 Application to Set Aside Summary Judgment as Irregular
Outcome
Application in terms of Rule 30 dismissed with costs. Applicant to deliver opposing affidavit in summary judgment proceedings within ten days. Respondent to pay wasted costs of 7 September 2022.
Judges
M van Nieuwenhuizen
Legal Topics
Summary Judgment, Rule 30 Irregular Step, Amendment of Pleadings, Rule 32 Timeframes, Rule 28 Amendment Procedure
Civil Procedure Summary Judgment Rule 30 Irregular Step Amendment of Pleadings Rule 32 Timeframes Rule 28 Amendment Procedure

Case Brief

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Parties

Mr Standford Siyabonga Mncube

Applicant

Wesbank, a division of FirstRand Bank Limited

Respondent

Procedural Posture

Civil Application / Opposed Rule 30 Application to Set Aside Summary Judgment as Irregular

Legal Issues

  1. 1 Whether the respondent's application for summary judgment was brought out of time in terms of Rule 32(2)(a).
  2. 2 Whether the delivery of notices to amend the plea affected the time period for bringing the summary judgment application.
  3. 3 Whether the respondent's summary judgment application constitutes an irregular step under Rule 30.

Ratio Decidendi

The court found that the respondent's application for summary judgment was not irregular and was delivered within the prescribed time period. The applicant delivered his consolidated plea, incorporating both amendments, on 26 July 2022. The respondent then delivered its summary judgment application fifteen days later, on 17 August 2022, which complied with Rule 32(2)(a). The court held that the time period for summary judgment runs from the date of the amended plea, not the initial plea, when amendments are effected. The applicant's argument that the respondent should have ignored the notices of intention to amend and proceeded on the initial plea was rejected. The court relied on City...

Court Disposition

Application in terms of Rule 30 dismissed with costs. Applicant to deliver opposing affidavit in summary judgment proceedings within ten days. Respondent to pay wasted costs of 7 September 2022.

Orders

  • The applicant’s application in terms of Rule 30 is dismissed with costs.
  • The applicant is to deliver his opposing affidavit in the application for summary judgment within ten days from date of granting of this order.