Nonxuba v Ramsamy (5008/07)
Nonxuba v Ramsamy (5008/07) [2008] ZAFSHC 18 (3 April 2008)
The court found that the applicant's Rule 14 notice was an irregular step, as the summary judgment application stayed all further procedural steps in the main action. There was no obligation on the respondent to reply to the notice until the summary judgment application was dismissed. The applicant's conduct in launching the application for compliance with the Rule 14 notice, despite being aware of the pending summary judgment, constituted a wilful and contemptuous disregard for the court's process and the Uniform Rules. The application was therefore misconceived and amounted to an abuse of p…
Source excerpt
- Rule 14 Uniform Rules
- Punitive Costs
- Irregular Step
- Summary Judgment Stay