The appellant, Navy Two CC, a close corporation, concluded a written agreement of sale with the respondent, Industrial Zone Limited, on 14 December 2001. The appellant fell into arrears with payments due under the agreement. Despite various indulgences granted by the respondent, the defaults persisted. In March 2003 the respondent served a notice calling upon the appellant to remedy its breach within 14 days, failing which cancellation would follow. The respondent alleged that the breach was not remedied and that the agreement was validly cancelled in July 2003. In November 2003 the respondent launched an application in the Johannesburg High Court for a declarator confirming the cancellation. The appellant filed a notice of intention to oppose but failed to file an answering affidavit timeously. When the matter was set down, the appellant sought a postponement and attempted to be represented by its sole member, Mr Ashum Kumar Nannen, who was not a legal practitioner. The High Court refused to grant a postponement and refused to allow Mr Nannen to represent the close corporation.