Pre-Compressed Concrete Development Company Proprietary Limited v Makhoza (CIV/APN 136 of 79) [1980] LSHC 21 (28 March 1980)

Pre-Compressed Concrete Development Company Proprietary Limited v Makhoza (CIV/APN 136 of 79) [1980] LSHC 21 (28 March 1980)

There is a valid and enforceable contract; the applicant performed its obligations and the respondent did not. The respondent's allegations of overcharge, lack of consensus, and fraud are unsubstantiated and do not raise a genuine dispute of fact. Judgment is granted on the papers without need for oral evidence.

Citation
[1980] LSHC 21
Parties
Applicant: Pre-Compressed Concrete Development Company (Proprietary) Limited; Respondent: P. P. Makhoza
Court
High Court
Jurisdiction
Lesotho
Judgment Date
28 March 1980
Case Number
CIV/APN 136 of 79
Procedural Posture
Civil Application / Judgment
Outcome
application granted
Legal Topics
Enforcement of Contract, Variation of Contract, Unilateral Mistake, Fraud Allegations, Summary Judgment
Source Language
English
Contract Law Enforcement of Contract Variation of Contract Unilateral Mistake Fraud Allegations Summary Judgment

Case Brief

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Parties

Pre-Compressed Concrete Development Company (Proprietary) Limited

Applicant

P. P. Makhoza

Respondent

Procedural Posture

Civil Application / Judgment

Legal Issues

  1. 1 Whether a valid and enforceable contract exists between the parties
  2. 2 Whether there was consensus ad idem in concluding the agreement
  3. 3 Whether the respondent was overcharged or defrauded

Ratio Decidendi

There is a valid and enforceable contract; the applicant performed its obligations and the respondent did not. The respondent's allegations of overcharge, lack of consensus, and fraud are unsubstantiated and do not raise a genuine dispute of fact. Judgment is granted on the papers without need for oral evidence.

Court Disposition

application granted

Orders

  • Respondent to pay applicant R15,140.00
  • Respondent to pay interest at 1% per month from 4th January 1979 to date of payment