South Africa Case Law

Fidelity Security Services (Pty) Ltd v Motheo Tvet College (5109/2016)

Fidelity Security Services (Pty) Ltd v Motheo Tvet College (5109/2016) [2017] ZAFSHC 25 (9 February 2017)

Court

Free State High Court, Bloemfontein

Case number

5109/2016

Judge

Mene, AJ

The court found that the affidavit of Mr. Bartmann, as Managing Director, satisfied the requirements of Rule 32(2) because he has personal knowledge of the company's affairs and access to relevant records. The supporting documents, including the contract and invoices, substantiate the liquidated claim. The defendant's counterclaim was unquantified and lacked sufficient detail to constitute a bona fide defence. The absence of a signed certificate of indebtedness was not fatal, and commercial pragmatism prevails over undue formalism. The summary judgment procedure does not infringe the defendan…

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• Summary Judgment
• Verifying Affidavit
• Liquidated Claim
• Counterclaim
• Rule 32 Uniform Rules
• Contractual Dispute

Firstrand Bank Ltd t/a Wesbank v Prescision SA 050207 CC (28366/2015)

Firstrand Bank Ltd t/a Wesbank v Prescision SA 050207 CC (28366/2015) [2015] ZAGPPHC 564 (31 July 2015)

Court

North Gauteng High Court, Pretoria

Case number

28366/2015

Judge

C Pretorius

The court found that the verifying affidavit was properly commissioned and complied with the relevant regulations. The deponent had sufficient personal knowledge of the facts through access to the applicant's computerised records, and it was not necessary for him to have had personal interaction with the respondent. The section 129 notice was sent to the respondent's chosen address by registered mail and collected, satisfying the statutory requirements. The respondent conceded receipt of the notice and did not provide any bona fide defence, relying solely on technical points in limine. All po…

Source excerpt

• Instalment Sale Agreement
• Summary Judgment
• Verifying Affidavit
• Personal Knowledge
• Section 129 National Credit Act

Firstrand Bank Limited t/a Wesbank v Prescision SA 050207 CC (28366/2015)

Firstrand Bank Limited t/a Wesbank v Prescision SA 050207 CC (28366/2015) [2015] ZAGPPHC 707 (31 July 2015)

Court

North Gauteng High Court, Pretoria

Case number

28366/2015

Judge

C Pretorius

The court found that the verifying affidavit was properly commissioned and complied with Regulation 3(1), as it was signed and sworn to, and the deponent confirmed knowledge and truth of its contents. The deponent's personal knowledge was established through access to the applicant's computerised records, and it was not necessary for him to have direct interaction with the respondent. The requirements of section 129 of the National Credit Act were met, as the notice was sent to the respondent's chosen address by registered mail and collected, with counsel for the respondent conceding receipt.…

Source excerpt

• Instalment Sale Agreement
• Summary Judgment
• National Credit Act
• Verifying Affidavit
• Personal Knowledge
• Section 129 Notice

Stamford Sales & Distribution (Pty) Limited v Metraclark (Pty) Limited (676/2013)

Stamford Sales & Distribution (Pty) Limited v Metraclark (Pty) Limited (676/2013) [2014] ZASCA 79 (29 May 2014)

Court

Supreme Court of Appeal

Case number

676/2013

Judges

Lewis, Mhlantla, Swain

The Supreme Court of Appeal held that the deponent to the verifying affidavit, as National Credit Manager of Metraclark, had sufficient direct knowledge of the material facts by virtue of possession and control of all relevant documentation, including the cession agreement and correspondence. The court rejected the requirement for personal or first-hand knowledge of every fact, emphasizing commercial pragmatism over undue formalism. On the issue of bona fide defence, Stamford failed to disclose the nature and grounds of its defence, relying only on unverified assertions from the cedent and no…

Source excerpt

• Summary Judgment
• Verifying Affidavit
• Cession Of Claim
• Bona Fide Defence

Technological Pump Developments CC t/a TPD Water Services v Irving 630 CC t/a B & M Pumps and Another (27466/06)

Technological Pump Developments CC t/a TPD Water Services v Irving 630 CC t/a B & M Pumps and Another (27466/06) [2006] ZAGPHC 103; 2007 (3) SA 370 (T) (24 November 2006)

Court

High Courts - Gauteng

Case number

27466/06

Judge

Van Rooyen

High Court summary judgment case on Rule 32 verifying affidavits, where the court upheld the affidavit and granted judgment only for the reduced, undisputed amount.

• Summary Judgment
• Verifying Affidavit
• Authority To Depose
• Corporate Liability
• Summary-judgment
• Verifying-affidavit