Changing Tides 17 (Pty) Ltd NO v Hlatywayo (2021/58187) [2023] ZAGPJHC 1261 (16 October 2023)

IN THE HIGH COURT OF SOUTH AFRICA

GAUTENG DIVISION, JOHANNESBURG

CASE NO: 2021/58187

In the matter between:

CHANGING TIDES 17 (PROPRIETARY) LIMITED N.O APPLICANT

and

HLATYWAYO, FORTUNATE CHAKWAMBA RESPONDENT

JUDGMENT

WRIGHT J

1. The applicant issued summons against the respondent claiming money owed and seeking to execute against the respondent’s immovable property.

2. The respondent got the summons but did not deliver a notice of intention to defend. The applicant applied for default judgment. The respondent filed a short answering affidavit, dated 3 October 2022 in which he admits owing the applicant and in the amounts claimed. He says that he is self-employed and he has committed to bringing his arrears up to date, “which payment would bring my account almost to an acceptable level given current economic hardships. “The respondent does not say how he is self-employed or what he earns or what his financial position is.

3. In my view, no defence to the application is disclosed.

4. Mr Hlatwayo did not appear at the hearing despite notice.

5. Applicant’s counsel handed up a draft order.

ORDER

X as amended. -

____________________

GC Wright

Judge of the High Court

Gauteng Division, Johannesburg

HEARD : 16 October 2023

DELIVERED : 16 October 2023

APPEARANCES :

APPLICANT Adv A W Pullinger

pullinger@counsel.co.za

082 560 6920 / 011 290 4000

Instructed by Moodie & Robertson Attorneys

tim@moodierobertson.co.za / veroniquerobertson.co.za

011 463 8571

RESPONDENT Mr Fortunate Chakwamba Hlatywayo

chakwambaf@yahoo.com