Changing Tides 17 (Pty) Limited NO v Hlatywayo (2021/58187) [2023] ZAGPJHC 1237 (16 October 2023)

begin wrapper begin container begin header begin slogan-floater end slogan-floater - About SAFLII About SAFLII - Databases Databases - Search Search - Terms of Use Terms of Use - RSS Feeds RSS Feeds end header begin main begin center # South Africa: South Gauteng High Court, Johannesburg South Africa: South Gauteng High Court, Johannesburg You are here: SAFLII >> Databases >> South Africa: South Gauteng High Court, Johannesburg >> 2023 >> [2023] ZAGPJHC 1237 | Noteup | LawCite sino index ## Changing Tides 17 (Pty) Limited NO v Hlatywayo (2021/58187) [2023] ZAGPJHC 1237 (16 October 2023) Changing Tides 17 (Pty) Limited NO v Hlatywayo (2021/58187) [2023] ZAGPJHC 1237 (16 October 2023) Download original files PDF format RTF format make_database: source=/home/saflii//raw/ZAGPJHC/Data/2023_1237.html sino date 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 sino noindex make_database footer start