Summary Judgment - Plaintiff in the summary Judgment application, seeks payment of the sum of E223 952.40 (Two Hundred and Twenty Three Thousand, Nine Hundred and Fifty Two Emalangeni and Forty Cents) interest thereon at the rate of 9% a temporae morae and costs of suit- On the date of argument
(8/6/2023), defendant consented to Judgment being entered by the Court in the tendered amount of El 36 163. 50 (One Hundred and Thirty Six Thousand, One Hundred and Sixty Three Emalangeni and Fifty Cents) and that on the outstanding balance of E87 788.90 (Eighty Seven Thousand, Seven Hundred and Eighty Eight Emalangeni and Ninety Cents) Defendant be granted leave to defend same, as the latter amount pertained to unliquidated penalties - Defendant applies for deferment of payment, of the sum of El 36 163. 50 ( One Hundred and Thirty Six Thousand, One Hundred and Sixty Three Emalangeni and Fifty Cents) for a period of thirty (30) days calculated, from the date of hearing - Parties did not reach agreement on the requested period and 011 the 26'" June 2023 Defendant now Applicant filed an application have, its consent to Judgment in the sum of El 36 163. 50 (One Hundred and Thirty Six Thousand, One Hu11dred a11d Sixty Three Emalangeni a11d Fifty Cents) rescinded and/or set aside and that it be granted leave to defend the sum of El 36 163. 50 it consented to pay Plaintiff - Application for rescission refused, Defendant ordered to pay Plaintiff the sum of El36 163. 50 (One Hundred and Thirty Six Thousand, One Hundred and Sixty Three Emalangeni and Fifty Cents) and granted leave to defend the outstail.ding balance.