Van Niekerk v Mazzuchetti and Another (8713/2019)
Van Niekerk v Mazzuchetti and Another (8713/2019) [2023] ZAGPPHC 1889 (7 November 2023)
The application for final relief on motion proceedings is dismissed due to the existence of bona fide disputes of fact that cannot be resolved on affidavit. The court finds that the parties' versions regarding the identity of the parties to the verbal agreement, the nature of their relationship, and the termination of the agreement are materially in dispute. The respondent's defence is plausible and not clearly untenable. The Plascon-Evans rule applies, and the matter is not suitable for determination without oral evidence. The applicant was aware of these disputes from previous litigation an…
Source excerpt
- Statement Of Account
- Factual Dispute On Motion
- Fiduciary Duty
- Joint Venture Vs Partnership