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South Africa decisions
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RSC Avelo (Pty) Ltd v Kenako Conrete (Pty) Ltd and Others (3134/2018) [2018] ZAECPEHC 69 (15 November 2018)
The High Court dismissed an unopposed summary judgment application because the supporting affidavit did not show the deponent had direct personal knowledge of the debt.
Makinana v Matanzima (CA&R59/2013) [2015] ZAECMHC 79 (20 November 2015)
The High Court set aside summary judgment because the supporting affidavit was deposed to by the respondent’s attorney without proven personal knowledge.
Wesbank, A Division of Firstrand Bank Limited v Hart (4015/2015) [2015] ZAECGHC 131 (10 November 2015)
Summary judgment was refused because the plaintiff’s deponent did not show sufficient personal knowledge of the debt and relied too generally on electronic records.
Firstrand Bank Ltd t/a Wesbank v Prescision SA 050207 CC (28366/2015) [2015] ZAGPPHC 564 (31 July 2015)
The court found that the verifying affidavit was properly commissioned and complied with the relevant regulations. The deponent had sufficient personal knowledge of the facts through access to the applicant's computerised records, and it was not necessary for him to have had personal interaction with the respondent. The section 129 notice was sent to the respondent's chosen address by registered mail and collected, satisfying the statutory requirements. The respondent conceded receipt of the notice and did not provide any bona fide defence, relying solely on technical points in limine. All po…
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Firstrand Bank Limited t/a Wesbank v Prescision SA 050207 CC (28366/2015) [2015] ZAGPPHC 707 (31 July 2015)
The court found that the verifying affidavit was properly commissioned and complied with Regulation 3(1), as it was signed and sworn to, and the deponent confirmed knowledge and truth of its contents. The deponent's personal knowledge was established through access to the applicant's computerised records, and it was not necessary for him to have direct interaction with the respondent. The requirements of section 129 of the National Credit Act were met, as the notice was sent to the respondent's chosen address by registered mail and collected, with counsel for the respondent conceding receipt.…
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Firstrand Bank Ltd v Louw and Another (1386/2011) [2011] ZAKZDHC 77 (25 August 2011)
The court found that the affidavit in support of the summary judgment application did not comply with rule 32(2) of the Uniform Rules. The deponent, a legal manager of the plaintiff, failed to unequivocally state that he had personal knowledge of the facts relevant to the cause of action and amount claimed. His reliance appeared to be solely on company records, and there was no indication that he belonged to a class of persons with the required knowledge. The affidavit did not verify the liability of the principal debtor, which was essential for the suretyship claims against the defendants. T…
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Grindrod Bank Limited v Molefe and Others (3485/2007) [2007] ZAKZHC 28 (23 October 2007)
Summary judgment was refused in a bank debt case after the court found substantial compliance with Rule 32(2), but chose caution and sent the matter to trial.
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