mavii

THE STANDARD BANK OF SOUTH AFRICA LIMITED Applicant (Registration Number 1962/000738/06) And DANIEL JACOBUS DE WAAL Respondent ... before the court together with the common cause facts and what is not disputed on the pleadings and in the affidavit opposing the summary judgment application, it is evident that the said deponent can and did swear ...

The court can exercise its discretion and refuse summary judgment even if the requirements resisting summary judgment have not been met. Maharaj v Barclays National Bank Limited 1976 (1) SA 418 (A) at 423G – The grant of the remedy is based on the supposition that the plaintiff’s claim is unimpeachable and that the defendant’s defence is ...

REPUBLIC OF SOUTH AFRICA. IN THE HIGH COURT OF SOUTH AFRICA, GAUTENG LOCAL DIVISION, JOHANNESBURG . ... sought an order that the application be dismissed with costs while the Second Defendant in his affidavit opposing summary judgment requested a punitive costs order on a scale as between attorney and client, and that the action be stayed until ...

Summary judgment is a powerful procedural mechanism that serves to expedite civil litigation by allowing a plaintiff to bypass a full trial where it is evident that the defendant has no genuine defence. Both r 14 of the Rules regulating the Conduct of the Proceedings of the Magistrates’ Courts and r 32(2) of the Uniform Rules of Court were amended to reinforce stricter requirements in ...

IN THE HIGH COURT OF SOUTH AFRICA GAUTENG DIVISION, JOHANNESBURG (1) REPORTABLE: NO (2) OF INTEREST TO OTHER JUDGES: NO (3) REVISED: YES ... MUDAU, J: CASE NO: 2020/28832 PLAINTIFF FIRST DEFENDANT SECOND DEFENDANT [1] This is an opposed application for summary judgment in terms of rule 32 of the Uniform Rules of Court. On 12 April 2018 the ...

IN THE HIGH COURT OF SOUTH AFRICA GAUTENG LOCAL DIVISION, JOHANNESBURG CASE NO: A3005/2021 ( 1) {2} (3} DELETE WHICHEVER IS NOT APPLICABLE ... The appellant, in its affidavit opposing summary judgment, criticised the respondent's affidavit, but did not provide any facts in support of its opposition. The affidavit is remarkable in its vacuity.

REPUBLIC OF SOUTH AFRICA. IN THE HIGH COURT OF SOUTH AFRICA (GAUTENG DIVISION, JOHANNESBURG) Case No: 2023/045944. REPORTABLE: YES/NO. ... [16] In so far as the opposition to the summary judgment is concerned, the affidavit disposed to by Mr Van Der Berg, claimed that Nedbank is not entitled to judgment because its application is fatally ...

The summary judgment procedure was seemingly introduced in South Africa on the basis of its use in England and Scotland. The fact that summary judgment is only competent in those jurisdictions after at least a plea has been filed (and would thus be premature after merely a notice of intention to defend has been delivered) is thus reassuring ...

South African courts adopted the summary judgment remedy form the United Kingdom (UK). In the UK, the remedy may only be brought after pleadings have been closed. This is why the Rules Board in South Africa considered the position in the UK as assurance and indication of merit for these amendments (see Memorandum to role-players in respect of ...

Summary judgment is a procedure that affords a plaintiff the right to obtain judgment against a defendant summarily without proceeding all the way to trial. ... Because the allegations in the opposing affidavit did not match the allegations in the initial plea, it would defeat the whole object of the amended Rule 32, which required that the ...

Summary judgments are a type of court order that can be obtained in certain legal proceedings in South Africa. They allow for a speedy resolution of disputes without the need for a full trial. In this article, we will provide an overview of summary judgments in South Africa, including what they are, how they work and when they can be used.

The plaintiff thereafter filed an application for summary judgement and the defendant filed an affidavit resisting summary judgment. [2] The essence of this application is whether the Respondents, in their opposing affidavit, disclose a bona fide defence that is good in law, wherein is stated –

In South Africa the remedy was first introduced into Magistrates’ Court practice by Rule 14,[2] and in High Court practice in the Cape Colony,[3] the Transvaal,[4] and possibly the Free State[5] where it was envisaged that the Court could use its inherent jurisdiction to set aside an entry of appearance to defend that was mala fide, and then ...

The summary judgment procedure in South African law provides for a speedy judgment in favour of a deserving plaintif where it can be shown that the defendant does not have a triable defence. In 2019 the Rules Board made certain drastic amendments to the procedure of summary judgment in the high court. In this article the historical development ...

IN THE HIGH COURT OF SOUTH AFRICA. GAUTENG DIVISION, JOHANNESBURG . Case Number:2022/027021 (1) ... This is an application for summary judgment wherein the applicant (“the plaintiff”) seeks summary judgment against the respondent (“the defendant”). ... The notice of opposition to the condonation application was only filed on 17 February ...

The summary judgment procedure in South African law provides for a speedy judgment in favour of a deserving plaintiff where it can be shown that the defendant does not have a triable defence. In 2019 the Rules Board made certain drastic amendments to the procedure of summary judgment in the high court.

2 The Applicant delivered his application for summary judgment on 11 March 2020, more than 15 court days after the Notice of Intention to Defend was delivered. Argument on this issue will be advanced by my legal representative at the hearing of the application for summary judgment. DEFENCE 3.

This court is petitioned to determine whether on the facts alleged by the plaintiff in its particulars of claim, it should grant summary judgment in favour of the plaintiff or whether the facts contained in the defendant’s opposing affidavit disclose a bona fide defence which may persuade the court to refuse summary judgment. To make such a ...

REPUBLIC OF SOUTH AFRICA. IN THE HIGH COURT OF SOUTH AFRICA. GAUTENG LOCAL DIVISION, JOHANNESBURG . Case Number: 2022-007978 (1) REP ORTABLE: NO (2) OF INTEREST TO OTHER JUDGES: NO (3) REVISED: NO. 28 February 2025 . In the matter between: BEFORE THE HONOURABLE JUSTICE, AUCAMP AJ . In the matter between: