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2025
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[2025] ZAGPJHC 1000
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Pendigo Trade and Invest (Pty) Ltd v Icollege (Pty) Ltd and Others (2024/027981) [2025] ZAGPJHC 1000 (6 October 2025)
IN THE HIGH COURT OF
SOUTH AFRICA
GAUTENG
DIVISION, JOHANNESBURG
CASE
NO: 2024-027981
1.
Reportable: No
2. Of interest to other
judges: No
3. Revised
6
October 2025
WRIGHT
J
In
the matter between:
PENDIGO
TRADE AND INVEST (Pty) LTD
APPLICANT
and
ICOLLEGE
(Pty) LTD
FIRST RESPONDENT
RENEE
LEWIS
SECOND RESPONDENT
SANMAREE
WILLEMSE
THIRD RESPONDENT
DEREK
LE
ROUX
FOURTH RESPONDENT
JUDGMENT –
WRIGHT J
1. Broadly stated,
the applicant, Pendigo sues as cessionary of the rights of a lessor
of certain IT equipment hired by the
first respondent. The applicant
alleges non-payment. It seeks from the first respondent the balance
allegedly outstanding and it
seeks the return of the goods. The other
respondents are sued as guarantors.
2. A plea was filed
in which it is raised, among other defences, that the equipment
delivered was not in accordance with the
agreement and had been
decommissioned.
3. The applicant
now seeks summary judgment. In the affidavit resisting summary
judgment the defence pleaded is elaborated
on in some detail.
Reference is made to serial numbers, showing that the equipment
forming the subject matter of the claim had
been decommissioned and
removed by the plaintiff.
4. In my view, a
bona fide defence is raised.
ORDER
1.
The respondents are granted leave to defend, costs in the cause.
GC
Wright
Judge
of the High Court
Gauteng
Division, Johannesburg
HEARD:
6 October 2025
DELIVERED:
6 October 2025
APPEARANCES:
APPLICANT
Adv
JJ Du Randt
Instructed
by
Jay
Mothobi Inc
renchi@jay.co.za
RESPONDENTS
Adv
D Maritz
Instructed
by
Heckroodt
and Associates
hannah@heckroodtlegal.com