CSS RSA International (Pty) Ltd v Busicor 201 CC (4119/2023)
CSS RSA International (Pty) Ltd v Busicor 201 CC (4119/2023) [2024] ZAMPMHC 67 (9 December 2024)
The court found that the respondent raised genuine disputes of fact regarding the terms of the oral agreement, specifically whether payment to the applicant was conditional upon the respondent receiving payment from third parties and whether a commission was due. These disputes are incapable of resolution on the papers and require oral evidence at trial. The respondent's defence is bona fide and good in law, satisfying the requirements for resisting summary judgment under rule 32. Granting summary judgment would deny the respondent access to court, contrary to section 34 of the Constitution.…
Source excerpt
- Summary Judgment
- Oral Contract
- Liquidated Claim
- Commission Agreement
- Triable Issue