Gcora v Ascon Engineering CC and Another (3374/2024)
Gcora v Ascon Engineering CC and Another (3374/2024) [2025] ZAECQBHC 18 (13 May 2025)
The application for summary judgment was dismissed because the plaintiff's supporting affidavit failed to comply with Rule 32(2)(b) by not verifying the cause of action or the facts on which the claim was based, nor did it adequately address the bona fides of the defences raised by the defendants. The defendants raised genuine disputes of fact regarding the terms of the alleged agreement for fees and the personal liability of the second defendant, which could only be resolved at trial. The court found that both defendants were entitled to leave to defend, and that the plaintiff, having known…
Source excerpt
- Summary Judgment
- Contractual Dispute
- Professional Services Fee
- Suretyship Requirement
- Agency Liability