Afrifert (Pty) Ltd v TWK Agri (Pty) Ltd - Leave to Appeal (6813/2020) [2023] ZALMPPHC 65 (7 August 2023)

Afrifert (Pty) Ltd v TWK Agri (Pty) Ltd - Leave to Appeal (6813/2020) [2023] ZALMPPHC 65 (7 August 2023)

The court found that the cession agreement clearly required written consent for payment to any party other than the applicant, and such consent was not provided for the payment to M Wentzel Attorneys. The applicant's argument that consent was given was unsupported by the evidence, particularly the absence of any written consent and the lack of response to repeated email requests for payment. The court determined that there was no bona fide dispute of fact warranting referral to trial or oral evidence. The dismissal of the counterclaim was upheld due to the applicant's failure to file a replying affidavit and the invoice constituting a counter offer. The applicant failed to meet the...

Citation
[2023] ZALMPPHC 65
Parties
Applicant: Afrifert (Pty) Ltd; Respondent: TWK Agri (Pty) Ltd
Court
Limpopo High Court, Polokwane
Jurisdiction
South Africa
Judgment Date
7 August 2023
Case Number
6813/2020
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment and Order Delivered on 14 November 2022.
Outcome
Application for leave to appeal dismissed with costs.
Judges
Pillay
Legal Topics
Leave to Appeal, Cession Agreement, Written Consent Requirement, Counterclaim Dismissal
Civil Procedure Commercial and Corporate Leave to Appeal Cession Agreement Written Consent Requirement Counterclaim Dismissal

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Parties

Afrifert (Pty) Ltd

Applicant

TWK Agri (Pty) Ltd

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment and Order Delivered on 14 November 2022.

Legal Issues

  1. 1 Whether the applicant has met the threshold for leave to appeal under section 17 of the Superior Courts Act.
  2. 2 Whether written consent was required for payment to a third party under the cession agreement.
  3. 3 Whether there was a bona fide dispute of fact warranting referral to trial or oral evidence.

Ratio Decidendi

The court found that the cession agreement clearly required written consent for payment to any party other than the applicant, and such consent was not provided for the payment to M Wentzel Attorneys. The applicant's argument that consent was given was unsupported by the evidence, particularly the absence of any written consent and the lack of response to repeated email requests for payment. The court determined that there was no bona fide dispute of fact warranting referral to trial or oral evidence. The dismissal of the counterclaim was upheld due to the applicant's failure to file a replying affidavit and the invoice constituting a counter offer. The applicant failed to meet the...

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed with costs.