Gonclaves and Another v Franchising to Africa (Pty) Ltd t/a Gold Brands (72639/16)
Gonclaves and Another v Franchising to Africa (Pty) Ltd t/a Gold Brands (72639/16) [2016] ZAGPPHC 960 (2 November 2016)
The court found that the defendant failed to establish a bona fide defence to the portion of the claim corresponding to the instalments due at the time of service of summons. The absence of an acceleration clause meant that only the instalments due and payable could be claimed, not the full balance. The technical errors in the affidavits were deemed innocuous and did not invalidate the application. The defendant's arguments regarding deductions were unsupported by evidence, and the issue of service of demand was not fatal as the summons served as sufficient demand. Accordingly, summary judgme…
Source excerpt
- Franchise Agreement Cancellation
- Summary Judgment
- Contractual Deductions
- Domicilium Service
- Mora Interest