Arum Transport CC v Mkhwenkwe Construction CC and Another (2812/2021P)
Arum Transport CC v Mkhwenkwe Construction CC and Another (2812/2021P) [2021] ZAKZPHC 90; 2022 (2) SA 503 (KZP) (12 November 2021)
The court held that the plaintiff, by filing a replication after the delivery of the defendants' plea, had taken a further procedural step and thereby waived its right to apply for summary judgment. This position is supported by established authorities and commentary, which state that such procedural steps preclude the plaintiff from seeking summary judgment. Even if this conclusion were incorrect, the court found that the defendants had raised triable issues, including prescription and whether the debt was due, which justified refusal of summary judgment. The summary judgment procedure is st…
Source excerpt
- Summary Judgment
- Waiver Of Right
- Uniform Rule 32
- Replication As Procedural Step
- Bona Fide Defence
- Prescription