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Corrigan Investments (Pty) Ltd t/a Kevcor v BMI Driving (Pty) Ltd (3939/2017) [2017] ZAFSHC 204 (9 November 2017)
The High Court granted summary judgment for goods sold and delivered, holding the claim was liquidated and the defendant raised no bona fide defence.
Kgafela Construction CC v TBH Scaffolding Supplies CC (24413/2013) [2014] ZAGPPHC 220 (11 April 2014)
The court found that the defendant failed to provide a bona fide defence to the plaintiff's claim for payment for scaffolding materials and services rendered. The deponent to the summary judgment affidavit had sufficient knowledge of the facts, and the defendant's points in limine regarding vagueness and excipiability were without merit, as a simple summons is not a pleading and cannot be excipiated. The defendant's argument that it required more information due to its size and complexity was unsupported by evidence, and the deponent's lack of candour regarding the defendant's bookkeeping dat…
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Absa Bank Ltd v Janse van Rensburg and Another, Absa Bank Ltd v Maree and Another (16071/12, 16815/12) [2012] ZAWCHC 238; 2013 (5) SA 173 (WCC) (24 December 2012)
Although a simple summons is not a pleading for purposes of Uniform Rule 18(6), the weight of authority and longstanding practice in the Western Cape High Court require that, where the plaintiff's cause of action is based on a written agreement, a copy of that agreement must be attached to the simple summons. This requirement is supported by judicial precedent and leading authorities on civil procedure. The attachment of foundational documents ensures that the summons discloses a cause of action and enables both the defendant and the court to understand the basis of the claim, which is partic…
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