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South Africa decisions
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Massmart Wholesale (Pty) Ltd v Country Meat Market Ladysmith CC t/a Country Meat Market and Others (1249/2023) [2023] ZAFSHC 362 (15 September 2023)
Summary judgment was dismissed because the plaintiff’s papers did not show a liquid document or a liquidated amount under Rule 32.
Shoes Travel and Enterprises CC v Oberthur Technologies (PTY) Ltd (2020 / 21134) [2022] ZAGPJHC 851 (25 October 2022)
The High Court held that a damages claim arising from alleged repudiation of a lease was not a liquidated amount, so summary judgment was refused.
ROSPA Training 289 CC Reg. No. CK 2011/06788/23 (1164/2021) [2021] ZAFSHC 241 (11 October 2021)
The court dismissed summary judgment, finding the alleged acknowledgment of debt was not a liquid document and the claim was not liquidated.
Tumileng Trading CC v National Security and Fire (Pty) Ltd ; E & D Security Systems CC v National Security and Fire (Pty) Ltd (3670/2019; 3671/2019) [2020] ZAWCHC 52 (15 June 2020)
The court found that the plaintiffs' supporting affidavits satisfied the requirements of rule 32(2)(b) by referencing the particulars of claim and succinctly confirming the factual basis for the claims. The claims were for liquidated amounts, as the recurring commissions were ascertainable from the parties' financial records. The defendant's defences lacked particularity and did not challenge the quantum of the claims. The novelty of the amended rule 32 did not, in itself, constitute a compelling reason for leave to appeal, especially in the absence of conflicting judgments. The test for summ…
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David Emerkwuru Civil and Building Construction CC v MEC Department of Public Works (Provincial Government) North West Province (1746/2011) [2012] ZANWHC 52 (24 May 2012)
The court held that mediation clauses did not bar suit, but the plaintiff’s claim was not liquidated for summary judgment, so the application was dismissed.
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