In the case of Lotts v NMI Durban South Motors (Pty)
Ltd t/a Barons Belville, the Western Cape Division of the High
Court of South Africa, Cape Town had to consider
whether dies non (i.e. 21 December to 7
January) is excluded when calculating the time period for the
filing of an application for summary judgment in terms of the
Uniform Rules of Court (“the
Rules”).
Background
Lotts purchased a vehicle from Barons Belville
(“Barons”) which Standard Bank
financed, but defects emerged after taking delivery. Lotts
instituted action against Barons on 1 November 2023, claiming a
refund, or alternatively, replacement of the vehicle and damages.
Pursuant to Barons delivering its plea on 18 December 2023, Lotts
delivered an application for summary judgment on 5 February 2024 in
terms of Rule 32 of the Rules.
