Oosthuizen v Steyn (238969/2019)
Oosthuizen v Steyn (238969/2019) [2020] ZAGPPHC 161; 2021 (4) SA 307 (GP) (14 May 2020)
The court found that the applicant's founding affidavit was not properly commissioned, as the commissioner of oaths used the incorrect gender pronoun, creating uncertainty as to whether the deponent appeared in person. The applicant, being an attorney, was expected to comply meticulously with procedural requirements and failed to provide an explanation for the irregularity. The court exercised its discretion not to condone the non-compliance, upholding the first point in limine. The second point in limine regarding service on employees was dismissed as a technical defence, following constitut…
Source excerpt
- Provisional Sequestration
- Act Of Insolvency
- Affidavit Commissioning Irregularity
- Creditor Benefit
- Costs Award