Kungwini Manor Home Owners Association (Pty) Ltd v Kungwini Estate (Pty) Ltd (24144/10)
Kungwini Manor Home Owners Association (Pty) Ltd v Kungwini Estate (Pty) Ltd (24144/10) [2010] ZAGPPHC 172 (23 September 2010)
The court found that the applicant's replying affidavit did not introduce a wholly new cause of action but rather responded to the defence raised by the respondent in its answering affidavit, specifically the reliance on clauses in the notarial servitudes. The applicant was justified in raising new facts in reply, as these were prompted by the respondent's change in defence and the recent discovery of relevant documents. The court exercised its discretion to refuse the striking out application, noting that prejudice to the applicant and its members from disconnection of essential services wou…
Source excerpt
- Interim Interdict
- Striking Out Application
- Replying Affidavit
- Notarial Servitude
- Declaratory Relief