BBT Electrical and Plumbing Construction and Maintenance t/a BBT Construction v Setshabelo Trading 647 (Pty) Ltd (3367/2019) [2022] ZAFSHC 221 (2 September 2022)

BBT Electrical and Plumbing Construction and Maintenance t/a BBT Construction v Setshabelo Trading 647 (Pty) Ltd (3367/2019) [2022] ZAFSHC 221 (2 September 2022)

The plaintiff elected to cancel the settlement agreement upon the defendant's breach. Having done so, the plaintiff bore the onus to prove damages suffered as a result of the cancellation. The evidence did not establish the quantum or basis of damages flowing from the cancellation, nor did it justify a claim for the unpaid balance as damages. The alternatives of claiming specific performance and damages post-cancellation are inconsistent. As the plaintiff failed to prove damages, absolution of the instance was warranted.

Citation
[2022] ZAFSHC 221
Parties
Plaintiff: BBT Electrical and Plumbing Construction and Maintenance t/a BBT Construction; Defendant: Setshabelo Trading 647 (Pty) Ltd
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
2 September 2022
Case Number
3367/2019
Procedural Posture
Civil Trial / Judgment After Close of Plaintiff's Case and Amendment of Particulars of Claim
Outcome
Absolution of the instance with costs granted in favour of the defendant.
Judges
C Reinders
Legal Topics
Contract Cancellation, Damages for Breach, Specific Performance, Absolution of Instance
Commercial and Corporate Civil Procedure Contract Cancellation Damages for Breach Specific Performance Absolution of Instance

Case Brief

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Parties

BBT Electrical and Plumbing Construction and Maintenance t/a BBT Construction

Plaintiff

Setshabelo Trading 647 (Pty) Ltd

Defendant

Procedural Posture

Civil Trial / Judgment After Close of Plaintiff's Case and Amendment of Particulars of Claim

Legal Issues

  1. 1 Whether the plaintiff proved entitlement to payment of R400,000.00 under the alleged settlement agreement.
  2. 2 Whether the plaintiff validly cancelled the settlement agreement due to breach by the defendant.
  3. 3 Whether the plaintiff proved damages flowing from the cancellation of the agreement.

Ratio Decidendi

The plaintiff elected to cancel the settlement agreement upon the defendant's breach. Having done so, the plaintiff bore the onus to prove damages suffered as a result of the cancellation. The evidence did not establish the quantum or basis of damages flowing from the cancellation, nor did it justify a claim for the unpaid balance as damages. The alternatives of claiming specific performance and damages post-cancellation are inconsistent. As the plaintiff failed to prove damages, absolution of the instance was warranted.

Court Disposition

Absolution of the instance with costs granted in favour of the defendant.

Orders

  • Absolution of the instance is ordered with costs.