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Summs NO and Others v De Lange and Another (17775/2010) [2010] ZAWCHC 631 (20 December 2010)

IN THE HIGH COURT OF SOUTH AFRICA

(WESTERN CAPE HIGH COURT, CAPE TOWN)


CASE NO: 17775/2010

In the matter between:

J W SUMMS N O …...............................................................First plaintiff

L T SUMMS N O …..........................................................Second plaintiff

C F HAASBROEK N O ….....................................................Third plaintiff

and


LEONARD KRUGER DE LANGE ….................................First defendant

CHRISTOPHER JOHN TAPSELL ….............................Second defendant




JUDGMENT DELIVERED ON 20 DECEMBER 2010





BLIGNAULT J: |


[1] Simultaneously with this judgment I am handing down a judgment in a related matter (Case No: 17779/2010) between the same plaintiffs and Chantilly Trading 30 (Pty) Ltd. I do not propose to repeat what I said in that judgment.



[2] Plaintiffs' claim against defendants in the present matter is materially dependant upon the agreement of sale which forms the subject matter of plaintiffs' claim against Chantilly Trading 30 (Pty) Ltd.



[3] The only additional averment in the present matter is that the company was formed after 23 October 2006. The other problems regarding plaintiffs' claim against Chantilly Trading 30 (Pty) Ltd under case No 17779/2010, however, remain and taint plaintiffs claim in this matter as well.



[4] In the result, plaintiffs' application for provisional sentence is refused with costs.


A P BLIGNAUT