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Road Accident Fund v Sheriff: East London and Others (837/2024) [2025] ZAECELLC 8 (24 April 2025)
The court held that a Rule 45(5) undertaking by the judgment debtor alone was defective, so the sheriff could remove the attached movable property.
Ingenuity Property Investments (Pty) Ltd v Ignite Fitness (Pty) Ltd (9845/2022) [2023] ZAWCHC 129; [2023] 3 All SA 458 (WCC); 2023 (5) SA 439 (WCC) (29 May 2023)
The court held that Rule 32 does not expressly prohibit the simultaneous delivery of a replication and an application for summary judgment. The absence of such a prohibition, combined with the fact that both Rule 25 and Rule 32 prescribe the same 15-day period after delivery of the plea, means that a plaintiff may deliver both simultaneously. The court found that delivering a replication does not necessarily constitute a waiver of the right to apply for summary judgment, as waiver requires clear intention or conduct inconsistent with the right. The authorities relied upon by the defendant do…
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