South Africa Case Law

Meyers Hire (Pty) Limited t/a Meyers Hire v Filzo Enterprises (Pty) Limited and Others (621/2023)

Meyers Hire (Pty) Limited t/a Meyers Hire v Filzo Enterprises (Pty) Limited and Others (621/2023) [2023] ZAECMKHC 96 (12 September 2023)

Court

Eastern Cape High Court, Makhanda

Case number

621/2023

Judge

Govindjee

The court found that the claim for outstanding hire costs was based on a written agreement, with the applicant entitled to appropriate payments at its discretion. The amount claimed was liquidated and supported by invoices, and the respondents' defence regarding credits was not bona fide given the contractual terms. The tyre excess costs were agreed and liquidated, justifying summary judgment. However, the claim for damages to vehicles was unliquidated and required judicial assessment, so leave to defend was granted for that portion. The wasted costs for registration of a mortgage bond were a…

Source excerpt

• Summary Judgment
• Liquidated Claim
• Credit Agreement
• Suretyship
• Interest And Costs

Bruwer v Free State Curtain Parlour CC (A39/2022)

Bruwer v Free State Curtain Parlour CC (A39/2022) [2023] ZAFSHC 38 (17 February 2023)

Court

Free State High Court, Bloemfontein

Case number

A39/2022

Judges

C Reinders, N Khooe

The High Court dismissed an appeal against an order striking out a plea and refusing amendment after the appellant failed to comply with a prior order for further particulars.

• Amendment Of Pleadings
• Request For Further Particulars
• Striking Out Of Plea
• Contractual Dispute
• Workmanship
• Interest And Costs