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Civil Procedure [2019] ZAECPEHC 9

Adcock Ingram Critical Care Propriety Limited v Tiagen Industrial Proprietary Limited (3900/2018)

Adcock Ingram Critical Care Propriety Limited v Tiagen Industrial Proprietary Limited (3900/2018) [2019] ZAECPEHC 9 (12 February 2019)

The court held that the plaintiff's verifying affidavit did not comply with Rule 32(2) as it failed to state 'in his opinion' that there was no bona fide defence and that the notice of intention to defend was for delay. This non-compliance was deemed fatal to the summary judgment application, as compliance with Rule 32(2) is substantive and not a mere technicality. Even if the court were mistaken on this preliminary issue, the plaintiff's particulars of claim failed to comply with Rule 18(6) by not specifying whether the contract was oral, written, or partly both, nor the terms and circumstan…

  • Summary Judgment
  • Rule 32 Compliance
  • Contract Pleading Requirements
  • Rule 18 6
  • Leave To Defend
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.