IN THE HIGH COURT OF SOUTH AFRICA 
(WESTERN CAPE HIGH COURT, CAPE TOWN)

In the matter between: 
EDWARD STREET PROPERTY

and

			JUDGMENT   EXTEMPORE 
Application for Leave to Appeal

The defendants have not done this. As said by the attorney for the plaintiff, there had to be an exception raised against the summons upon which the summary judgment was based, that was not done.

In this matter there was never an issue as to the amount that was disputed and whether it is a liquidated amount in money. In essence what the defendants alleged was that they are not liable because of certain reasons. In the subsequent argument that was raised during the hearing of the summary judgment application. The fact that whether the amount claimed was proven or not, was not in dispute. The dispute was whether the defendants, even if one should have regard to the new defence that was raised during the summary judgment proceedings was always "we are not liable, someone else is, we do not dispute the amount".

THE APPLICATION FOR LEAVE TO APPEAL IS DISMISSED WITH COST.