Civil Law, Practice, And Procedure

Order:

1. The summary judgment application is dismissed with costs.
2. The defendants are to file their plea on or before 19 September 2023.
3. The plaintiff is to replicate the plea on or before 26 September 2023.
4. The parties are to file their discovery on or before 3 October 2023.
5. The matter is postponed for a case management conference on 10 October 2023 at 15:30 and the parties are to file their joint case management report on or before 5 October 2023.

Reasons for order:

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Facts

In case number A 217/2015, Fischer brought an application seeking an order that in terms of an agreement between Fischer and Seelenbinder, Fischer could request Seelenbinder to retire whereupon Seelenbinder would then have to retire. Fischer also sought an order that in terms of an agreement between Fischer and Seelenbinder, Fischer would not have to pay Seelenbinder any value for his 50% member’s interest in the CC upon retirement. Ueitele J held that Fischer could request Seelenbinder to retire but had to pay Seelenbinder the value of his 50% member’s interest which Ueitele J ordered had . . .

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