Court Code
NAHCMD

Having read the record of proceedings as well as submissions made by counsels for the applicant and the respondents:

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.

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

Practice – Amendment of pleadings sought late in proceedings – Judicial case management introduced judge-controlled litigation – Legal practitioners obliged to thoroughly identify real issues in dispute for the just and expeditious conclusion of matter – Where application brought late in the proceedings statement on oath or otherwise is required

Application for stay of proceedings —   Application to stay made by way of motion — Applicant bears the onus to establish standing with evidence — The Applicant bears the onus to prove the existence of that authority to act on behalf of a juristic person when challenged— Applicant failed to discharge the onus — Application struck f

Civil Procedure – Absolution from the instance – principles governing the application – when absolution from the instance is sought at the close of plaintiff’s case, the test to be applied is not