Petersen and Others v Bochum Foods (Pty) Limited t/a Roman's Pizza Bochum and Another (18058/20) [2021] ZAGPJHC 83 (18 August 2021)

Case summary

summary judgment - amended Uniform Rule 32(2) -
"reading in" approach in the case of Tumileng Trading CC v National
Security and Fire (Pty) Limited 2020 (6) SA 624 (WCC) to be followed in
this Division - defence pleaded must raise a genuine issue for trial -
Plaintiff's supporting affidavit drafted within the context of the
deponent's knowledge and content of plea that has been delivered -
pleaded defence must be bona fide - Defendants required to place facts
before the court at summary judgment stage, if a genuine defence is
being advanced and cannot complain if the court is left in a position in
which it is unable to find a reasonable basis to find that such
Defendants have a bona fide defence - summary judgment granted.


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