Court Code
SZHC

Application proceedings-Urgent application for the review and setting aside of a decision taken by First Respondent to terminate a Service Level Agreement.

The applicant must give a reasonable and acceptable reasons or explanation for the default and that he has a bona fide defence on the merits in terms of the common law.

This doctrine clearly points out that the injured party to a contract that has been repudiated by the other party has a right to insist on its specific pe1formance and obtain an order. He cannot be compelled to sue for damages ifhe opts to insist on specific pe1formance in as much as that option to sue for loss of income  is available to him

Motion proceedings brought under a certificate of urgency- Applicant seeking order for cancellation of written lease agreement and for the return of leased equipment-Respondent alleging that equipment was sold to it and that the purchase price was paid in full to App