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South Africa decisions
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Makan v Geswindt (2019/2016) [2016] ZAECPEHC 33 (10 August 2016)
The High Court dismissed a summary judgment application after finding the particulars of claim were excipiable and did not disclose a clear cause of action.
Laman (Pty) Ltd v Afropulse 497 (Pty) Ltd (2223/1) [2012] ZAECMHC 11 (8 August 2012)
The court found that the affidavit supporting summary judgment was deposed to by the managing director, who had personal knowledge of the facts and was directly involved in the transaction. The annexures to the affidavit confirmed his involvement and knowledge. The applicant's opposing affidavit failed to disclose material facts or a bona fide defence, instead relying on vague references to documents and unsubstantiated disputes. The particulars of claim were not vague or embarrassing, and the claim amount was properly pleaded and supported by annexures. The grounds for leave to appeal did no…
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