Lotts v NMI Durban South Motors (Pty) Ltd t/a Barons Belville (19455/2023)
Lotts v NMI Durban South Motors (Pty) Ltd t/a Barons Belville (19455/2023) [2024] ZAWCHC 268 (30 August 2024)
The court found that the dies non period under Rule 6(5)(b)(iii)(aa) does not apply to summary judgment applications, which are governed by Rule 32. The plaintiff failed to file the summary judgment application within the prescribed 15-day period after delivery of the plea, and did not provide a substantive application for condonation with reasons for the delay. The absence of such an application is fatal, regardless of whether the defendant suffered prejudice. Furthermore, the relief sought by the plaintiff, including the return of the vehicle, delivery of a replacement, and damages, is not…
Source excerpt
- Summary Judgment
- Condonation
- Dies Non
- Liquidated Claim
- Rule 30 Irregular Step
- Contractual Malperformance