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Nell v Rightway Developments CC (68688/2014) [2015] ZAGPPHC 1017 (9 September 2015)
A vehicle owner’s return application and the repairer’s counterclaim were referred to trial because the warranty terms, defects, and storage-fee dispute turned on material factual disputes.
Mphulwane v Standard Bank of S A (A5028/09) [2009] ZAGPJHC 70 (9 December 2009)
The court found that the appellant had disclosed sufficient material facts in his affidavits to constitute a bona fide defence to the respondent's claim for summary judgment. The appellant's allegations of fraudulent misrepresentation regarding the vehicle's year of registration, and his claim to a creditor/debtor lien, raised triable issues that could not be resolved on affidavit alone. The respondent's assertion that the discrepancy was a typographical error was not supported by a claim for rectification, which is not permissible under Rule 32. The learned judge a quo erred by treating the…
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