Monsanto South Africa (Pty) Ltd v Griessel (5955/2007) [2008] ZAFSHC 46 (19 June 2008)

Monsanto South Africa (Pty) Ltd v Griessel (5955/2007) [2008] ZAFSHC 46 (19 June 2008)

The court found that the respondent's explanation for the late filing of the opposing affidavit was reasonable, as the confusion was caused by the applicant's reference to an affidavit that was never attached. The respondent's failure to follow the prescribed procedure was excused due to the applicant's own...

Source-derived case information.

Citation
[2008] ZAFSHC 46
Parties
Applicant: Monsanto South Africa (Pty) Ltd; Respondent: Munro Jacques Griessel
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Case Number
5955/2007
Procedural Posture
Urgent Application / Application for Condonation and Summary Judgment
Outcome
Condonation granted for late filing of the respondent's opposing affidavit. Summary judgment granted in favour of the applicant for R13,319.74 plus interest. Costs awarded against the respondent.
Judges
C.B. Cillié, R
Legal Topics
Condonation, Summary Judgment, Sale of Goods, Opposing Affidavit Late Filing, Costs Order
Civil Procedure Commercial and Corporate Condonation Summary Judgment Sale of Goods Opposing Affidavit Late Filing Costs Order

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Parties

Monsanto South Africa (Pty) Ltd

Applicant

Munro Jacques Griessel

Respondent

Procedural Posture

Urgent Application / Application for Condonation and Summary Judgment

  1. 1 Whether condonation should be granted for the respondent's late filing of the opposing affidavit.
  2. 2 Whether the applicant is entitled to summary judgment for the amount of R13,319.74.
  3. 3 Whether the respondent's explanation for the delay is reasonable and supported by a bona fide defence.

Ratio Decidendi

The court found that the respondent's explanation for the late filing of the opposing affidavit was reasonable, as the confusion was caused by the applicant's reference to an affidavit that was never attached. The respondent's failure to follow the prescribed procedure was excused due to the applicant's own confusing conduct. The respondent demonstrated a bona fide defence regarding the main claim, but failed to provide any substantive defence to the claim for R13,319.74. The respondent's attempt to set off an unliquidated damages claim against the applicant's liquidated claim was rejected. Consequently, condonation for the late filing was granted, but summary judgment was awarded to the...

Court Disposition

Condonation granted for late filing of the respondent's opposing affidavit. Summary judgment granted in favour of the applicant for R13,319.74 plus interest. Costs awarded against the respondent.

Orders

  • Condonation is granted to the respondent for the late filing of the opposing affidavit in application 5955/2007.
  • The applicant may reply to the respondent's opposing affidavit within the prescribed period calculated from the date of this judgment.