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)
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…
Source excerpt
- Summary Judgment
- Rule 32 Amendment
- Liquidated Amount
- Supporting Affidavit Requirements