Mogale v BMW Finance Services (South Africa) (Pty) Ltd (5528/2020)
Mogale v BMW Finance Services (South Africa) (Pty) Ltd (5528/2020) [2024] ZALMPPHC 117 (11 September 2024)
The court found that the opposing affidavit was not properly commissioned because the Commissioner of Oaths certificate confusingly described the deponent as both male and female, using contradictory pronouns. This irregularity created a disjoint between the deponent's declaration and the certificate, undermining the reliability of the affidavit and suggesting non-compliance with the Regulations. No supporting affidavits were provided to demonstrate substantial compliance. The court declined to condone the non-compliance and sustained the applicant's objection. The respondent was granted leav…
Source excerpt
- Commissioner Of Oaths
- Affidavit Attestation
- Regulations Governing Oaths
- Condonation Application