Absa Bank Ltd v Carinus and Others (13358/2006)
Absa Bank Ltd v Carinus and Others (13358/2006) [2007] ZAWCHC 84 (27 March 2007)
The court found that the summary judgment application and supporting affidavit failed to specify clearly against which respondents summary judgment was sought and which cause of action was relied upon. This ambiguity constitutes non-compliance with Rule 32, which requires strict adherence to procedural requirements due to the far-reaching nature of summary judgment. The court declined to condone the error or interpret the documents liberally to include both respondents. As a result, the applicant was not entitled to summary judgment against either respondent. The issue of costs was left for d…
Source excerpt
- Summary Judgment
- Compliance With Rule 32
- Overdrawn Bank Account
- Surety Liability