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High Court of South Africa KwaZulu-Natal, Durban

The KwaZulu-Natal Division of the High Court of South Africa is a superior court of law with general jurisdiction over the KwaZulu-Natal province of South Africa. The main seat of the division is at Pietermaritzburg, while a subordinate local seat at Durban has concurrent jurisdiction over the coastal region of the province.

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1 judgment

Citation	Judgment date
September 2012
KZN Oils (Pty) Ltd v Padayachee (2011/2012) [2012] ZAKZDHC 55 (27 September 2012) Summary judgment refused where monetary claim depended on rectification and defendant raised a bona fide triable issue. Civil procedure – Summary judgment – Competency where claim depends on rectification of written agreement – Summary judgment inappropriate if defendant raises bona fide triable issue about the true terms; condonation granted for late opposing affidavit.	27 September 2012

Citation

Judgment date

September 2012

KZN Oils (Pty) Ltd v Padayachee (2011/2012) [2012] ZAKZDHC 55 (27 September 2012)

Summary judgment refused where monetary claim depended on rectification and defendant raised a bona fide triable issue.

Civil procedure – Summary judgment – Competency where claim depends on rectification of written agreement – Summary judgment inappropriate if defendant raises bona fide triable issue about the true terms; condonation granted for late opposing affidavit.

27 September 2012