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AI summary
The High Court dealt with two linked applications: summary judgment for payment of R2,177,923.39 and an application to declare the defendant’s residential property specially executable. The Court refused summary judgment, granted leave to defend, and postponed the Rule 46A application sine die. The judgment records issues about prescription, quantum, liquidity, and the earlier withdrawn action.
It may be relevant to credit litigation, summary judgment practice, and Rule 46A matters involving residential property.
Evidence from source
The application for summary judgment is refused. 2. The defendant is granted leave to defend the action. 3. The application in terms of Rule 46A is postponed sine die.
Supports: summary of the order
the plaintiff for summary judgment in terms of Uniform Rule 32 for payment of the sum of R2,177,923.39, together with interest and costs.
Supports: summary of the applications before the Court
the defendant has met the requirements of Rule 32(3)(b) as he has disclosed a defence which is bona fide, good in law, and which raises triable issues.
Supports: summary of the reason summary judgment was refused