Most Recent Judgments

Civil Procedure – Locus standi – Members of the Company lack locus standi to bring an application – Companies Act, 28 of 2004 – Section 260 of the Companies Act – applicants failed to bring themselves within the purview of the provisions of s 260.

Practice – Summary Judgment – Defendant opposing summary judgment application on grounds of breach of contract and misrepresentation – Clear dispute between the parties in respect of performance derived from the contract entered into between the parties – The Defendant can succeed to ward-off the application for summary judgment if he proves that he has a bona fide defence on the merits and an arguable case - Summary judgment application dismissed.

Practice and Procedure – Pleadings – Rule 57 – Exception – Plaintiffs’ particulars of claim does not disclose a cause of action and is bad in law – Pleadings excipiable.

Civil Practice – Summary Judgment – Requirements in terms of Rule 60 of the High Court rules – Affidavits in support of Summary Judgment Applications – personal knowledge – Rule 45(7) - Requirement of a “true copy”- Justices of the Peace and Commissioners of Oaths act 16 of 1963 - Commissioner of Oaths.