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2023
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[2023] ZAGPJHC 1237
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Changing Tides 17 (Pty) Limited NO v Hlatywayo (2021/58187) [2023] ZAGPJHC 1237 (16 October 2023)
IN
THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION,
JOHANNESBURG
CASE
NO: 2021/58187
NOT REPORTABLE
NOT OF INTEREST TO
OTHER JUDGES
REVISED
16/10/23
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