Shree Property Holdings (Pty) Ltd v Clarks Auto Holdings (Pty) Ltd t/a Clint Panel Beaters and Others (03406/2022)
Shree Property Holdings (Pty) Ltd v Clarks Auto Holdings (Pty) Ltd t/a Clint Panel Beaters and Others (03406/2022) [2022] ZAKZDHC 49 (28 October 2022)
The court found that the defendants had disclosed the nature and grounds of their defence, supported by photographs, correspondence, and an engineer's report. The defence was not delivered solely for the purpose of delay and, if proved at trial, could constitute a good defence to the plaintiff's claim. The court held that summary judgment proceedings are not intended for the court to investigate the probabilities of success, but only to determine whether a bona fide defence exists. Accordingly, summary judgment was refused and the defendants were granted leave to defend.
Source excerpt
- Summary Judgment
- Lease Agreement Dispute
- Bona Fide Defence
- Liability Exemption Clause
- Arrear Rent
- Unlawful Occupation