South Africa Case Law

Belrex 95 CC v Barday (4364/2020)

Belrex 95 CC v Barday (4364/2020) [2020] ZAWCHC 149; 2021 (3) SA 178 (WCC) (6 November 2020)

Court

Western Cape High Court, Cape Town

Case number

4364/2020

Judge

R.C.A. Henney

The court held that the amended Rule 32 requires a summary judgment application to be brought after the delivery of a plea, and the supporting affidavit must address the defences pleaded. Where a defendant amends his plea after the summary judgment application has commenced, the plaintiff is prejudiced by being unable to respond to the new defences in its affidavit, as Rule 32(4) prohibits further evidence. The defendant is entitled to amend his plea at any stage before judgment, and the amended Rule 32 does not preclude such amendment. However, the amended plea was not yet effective at the t…

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• Summary Judgment
• Rule 32 Amendment
• Pleading Amendment
• Mandate Liability
• Alienation Of Land Act
• Statement Of Account

Tumileng Trading CC v National Security and Fire (Pty) Ltd ; E & D Security Systems CC v National Security and Fire (Pty) Ltd (3670/2019; 3671/2019)

Tumileng Trading CC v National Security and Fire (Pty) Ltd ; E & D Security Systems CC v National Security and Fire (Pty) Ltd (3670/2019; 3671/2019) [2020] ZAWCHC 52 (15 June 2020)

Court

Western Cape High Court, Cape Town

Case number

3670/2019; 3671/2019

Judge

Binns-Ward

The court found that the plaintiffs' supporting affidavits satisfied the requirements of rule 32(2)(b) by referencing the particulars of claim and succinctly confirming the factual basis for the claims. The claims were for liquidated amounts, as the recurring commissions were ascertainable from the parties' financial records. The defendant's defences lacked particularity and did not challenge the quantum of the claims. The novelty of the amended rule 32 did not, in itself, constitute a compelling reason for leave to appeal, especially in the absence of conflicting judgments. The test for summ…

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• Summary Judgment
• Rule 32 Amendment
• Liquidated Amount
• Supporting Affidavit Requirements

Tumileng Trading CC v National Security and Fire (Pty) Ltd; E and D Security Systems CC v National Security and Fire (Pty) Ltd (3670/2019)

Tumileng Trading CC v National Security and Fire (Pty) Ltd; E and D Security Systems CC v National Security and Fire (Pty) Ltd (3670/2019) [2020] ZAWCHC 28; 2020 (6) SA 624 (WCC) (30 April 2020)

Court

Western Cape High Court, Cape Town

Case number

3670/2019

Judge

A.G. Binns-Ward

High Court summary judgment ruling on amended Rule 32. The court granted judgment for unpaid contractual commission but referred future commission claims to trial.

• Summary Judgment
• Contractual Commission
• Specific Performance
• Liquidated Claim
• Rule 32 Amendment
• Summary-judgment