Stamford Sales & Distribution (Pty) Limited v Metraclark (Pty) Limited

Metraclark (Pty) Ltd, as cessionary of the book debts of Quali Cool CC, sued Stamford Sales and Distribution (Pty) Ltd for payment of R700 000 allegedly owed to Quali Cool for goods and/or services supplied between October 2010 and January 2011. After Stamford defended the action, Metraclark applied for summary judgment in the South Gauteng High Court. Summary judgment was granted. Stamford appealed, contending that the verifying affidavit did not comply with Uniform Rule 32(2) because the deponent lacked personal knowledge of the cedent’s claim, and that its opposing affidavit disclosed a bona fide defence.

The appeal was dismissed with costs, and the summary judgment in favour of Metraclark was upheld.

The judgment clarifies South African law on summary judgment by confirming a pragmatic, non-formalistic approach to verifying affidavits under Rule 32. It is particularly significant for commercial litigation and cessionary claims, as it confirms that first-hand knowledge of all underlying facts by the deponent is not required, provided the affidavit is reliable on a conspectus of the evidence.