Kruger v Ithala Soc Ltd (19051/2023)
Kruger v Ithala Soc Ltd (19051/2023) [2024] ZAKZPHC 17 (14 March 2024)
The court found that the applicant failed to establish a factual basis for proceeding ex parte and urgently, as the founding affidavit did not set out specific facts justifying the absence of notice to the respondent. The applicant did not disclose material facts regarding the Pretoria order and the settlement discussions with the Prudential Authority, which were relevant to the scope of his powers and the relief sought. The absence of an in camera certificate was a fatal procedural defect, as required by the rules and confirmed in Three Cities Investments. The applicant did not make reasonab…
Source excerpt
- Ex Parte Orders
- Urgent Applications
- Banks Act Proceedings
- Material Nondisclosure
- In Camera Hearings