Ledidi v Lididi and Another (5503/2018)
Ledidi v Lididi and Another (5503/2018) [2019] ZAFSHC 50 (7 March 2019)
The court found that material disputes of fact exist regarding the terms of the alleged agreement, the nature of the business relationship, and the ownership of the vehicles and operating licences. These disputes cannot be resolved on affidavit evidence alone, as required by the Plascon-Evans rule. The respondent's version is not so far-fetched as to be rejected on the papers. Accordingly, the matter must be referred to trial for proper ventilation of the facts. The preliminary points of non-joinder and condonation for late filing were addressed and dismissed or granted as appropriate. The ap…
Source excerpt
- Dispute Of Facts
- Partnership Agreement
- Ownership Of Vehicles
- Condonation Of Late Filing