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2025
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[2025] ZAGPJHC 1005
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Pendigo Trade and Invest (Pty) Ltd v Dukhi (2023/096348) [2025] ZAGPJHC 1005 (6 October 2025)
IN THE HIGH COURT OF
SOUTH AFRICA
GAUTENG
DIVISION, JOHANNESBURG
CASE
NO: 2023-096348
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
AVISHKAR
HARILALL
DUKHI
RESPONDENT
JUDGMENT –
WRIGHT J
1.
The applicant, Pendigo seeks summary judgment against the respondent,
Mr Dukhi.
2.
When summons was served, the particulars of claim were not annexed to
the face of the summons. A short special plea, without
a plea over,
was filed. It sought the dismissal of the claim in the absence of
particulars of claim.
3.
Pendigo sought summary judgment. It did so on the basis of the short
special plea.
4.
Particulars of claim were filed. It is not clear to me whether this
happened before or after the application for summary
judgment was
launched. In present circumstances, it is not necessary to go into
this point.
5.
Mr Dukhi filed a fuller plea, after the filing of the particulars of
claim.
6.
The present application for summary judgment is based squarely on the
short special plea as originally filed. There is
no reference in the
affidavit in support of the summary judgment application to the plea
as it presently stands.
7.
The failure by the applicant to deal with the present plea falls foul
of Rule 32(2)(b) which requires a plaintiff seeking
judgment, among
other things, to explain briefly why a defence as pleaded does not
raise an issue for trial.
ORDER
1. The defendant is
granted leave to defend.
2. The applicant is
to pay the costs of the summary judgment application. Scale A
applies.
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
RESPONDENT
M Mulaudzi
Instructed
by
Des Naidoo and Associates
dnattorneys@gmail.com