Trans Kalahari Group (Pty) Limited and Another v Paramount Trailers (Pty) Limited (44600/2020)
Trans Kalahari Group (Pty) Limited and Another v Paramount Trailers (Pty) Limited (44600/2020) [2021] ZAGPJHC 91 (18 January 2021)
The court found that the applicants failed to establish urgency as required by Uniform Rule of Court 6(12)(b). The respondent's version regarding the fleet retention agreement was neither improbable nor far-fetched and must prevail in motion proceedings for final relief. The applicants did not provide a sustainable legal basis for the return of the trucks and trailers, particularly as they were in breach of the arrangement and owed substantial sums to the respondent. The factual disputes could not be resolved in the applicants' favour on the papers, and the application was strategically launc…
Source excerpt
- Urgent Application
- Rei Vindicatio
- Specific Performance
- Factual Dispute
- Fleet Retention Agreement