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    Application For Summary Judgement

    Uploaded by

    Nikita Morrison-Young
    This document provides notice of an application for summary judgment in the KwaZulu-Natal High Court against the first, second, and third respondents. It states that the applicant is seeking payment of R94,866.03 plus interest and costs of suit from the respondents, who are alleged to be indebted to the applicant. An affidavit in support of the application is attached, verifying the applicant's claim and cause of action, and asserting that the respondents do not have a bona fide defense.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    Application For Summary Judgement

    Uploaded by

    Nikita Morrison-Young
    43 views5 pages
    This document provides notice of an application for summary judgment in the KwaZulu-Natal High Court against the first, second, and third respondents. It states that the applicant is seeking payment of R94,866.03 plus interest and costs of suit from the respondents, who are alleged to be indebted to the applicant. An affidavit in support of the application is attached, verifying the applicant's claim and cause of action, and asserting that the respondents do not have a bona fide defense.

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    Application for Summary Judgement

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    This document provides notice of an application for summary judgment in the KwaZulu-Natal High Court against the first, second, and third respondents. It states that the applicant is seeking payment of R94,866.03 plus interest and costs of suit from the respondents, who are alleged to be indebted to the applicant. An affidavit in support of the application is attached, verifying the applicant's claim and cause of action, and asserting that the respondents do not have a bona fide defense.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    43 views5 pages

    Application For Summary Judgement

    Uploaded by

    Nikita Morrison-Young
    This document provides notice of an application for summary judgment in the KwaZulu-Natal High Court against the first, second, and third respondents. It states that the applicant is seeking payment of R94,866.03 plus interest and costs of suit from the respondents, who are alleged to be indebted to the applicant. An affidavit in support of the application is attached, verifying the applicant's claim and cause of action, and asserting that the respondents do not have a bona fide defense.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 5

    IN THE KWAZULU-NATAL HIGH COURT, PIETERMARITZBURG

    REPUBLIC OF SOUTH AFRICA CASE NO. 4401/10

    In the matter between :

    APPLICANT

    and

    FIRST RESPONDENT

    SECOND RESPONDENT

    THIRD RESPONDENT

    FOURTH RESPONDENT

    NOTICE OF APPLICATION FOR SUMMARY JUDGMENT

    TO : THE REGISTRAR OF THE ABOVE HONOURABLE COURT


    PIETERMARITZBURG

    AND TO : VINAY YETWARU ATTORNEYS


    First, Second & Third Respondents' Attorneys
    c/o K RAMKARAN & COMPANY
    368 BURGER STREET
    PIETERMARITZBURG
    (REF : V YETWARU/K322)

    KINDLY TAKE NOTICE that Application will be made to this

    Honourable Court on the day of 2010 at

    09h30 or so soon thereafter as Counsel may be heard, for Summary

    Judgment against the First, Second and Third Respondents under the

    following circumstances:-

    1. The Summons was served on the Second Respondent on

    29th June 2010.


    Page 2

    2. The First, Second and Third Respondents delivered a Notice

    of Intention to Defend on 13 July 2010.

    3. The attached Affidavit of will be used

    in support of this Application.

    Summary Judgment will be sought against the Respondents for:-

    (a) Payment of the sum of R94,866.03.

    (b) Interest on the sum of R94,866.03 at the rate of 14.5% per

    annum a tempore morae to date of payment;

    (c) Costs of suit on the scale as between attorney and own

    client;

    (d) Further and/or alternative relief.

    KINDLY PLACE the matter on the Roll accordingly.

    DATED AT PIETERMARITZBURG ON THIS DAY OF JULY 2010.

    ------------------------------
    APPLICANT'S ATTORNEY

    TOMLINSON MNGUNI JAMES


    165 Pietermaritz Street
    PIETERMARITZBURG
    (Ref : M Browning//67T0100/10)
    IN THE KWAZULU-NATAL HIGH COURT, PIETERMARITZBURG

    REPUBLIC OF SOUTH AFRICA CASE NO. 4401/10

    In the matter between :

    APPLICANT

    and

    FIRST RESPONDENT

    SECOND RESPONDENT

    THIRD RESPONDENT

    FOURTH RESPONDENT

    SUPPORTING AFFIDAVIT

    I, the undersigned

    do hereby make oath and say :

    1.

    I am the Sole Member of the Applicant and am duly authorised to

    depose to this Affidavit.


    Page 2

    2.

    The facts deposed to by me are within my own personal knowledge and

    belief.

    3.

    The First, Second, Third and Fourth Respondents are indebted to the

    Applicant in the sum of R94,866.03, together with interest and costs, on

    the grounds stated in the Plaintiff's Particulars of Claim in this action. I

    am able to and hereby verify the amount of the Applicant's claim and its

    cause of action.

    4.

    I verily believe that the First, Second and Third Respondents do not

    have a bona fide defence to the action herein and that an Appearance to

    Defend has been entered solely for the purposes of delay.


    Page 3

    ___________________________

    DEPONENT

    I HEREBY CERTIFY that the deponent has acknowledged that he knows

    and understands the contents of this affidavit which was signed and

    sworn to before me at PIETERMARITZBURG on this day of

    2010, the Regulations contained in Government Notices R.1258 and

    R.1648 of 21 July 1977 respectfully, having been complied with.

    COMMISSIONER OF OATHS
    FULL NAMES:
    ADDRESS:
    CAPACITY:

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