Black Rose Taxi and Shuttle Services (Edms) Beperk v Kramer (963/2016) [2016] ZANCHC 26 (10 June 2016)

Black Rose Taxi and Shuttle Services (Edms) Beperk v Kramer (963/2016) [2016] ZANCHC 26 (10 June 2016)

The court found that the applicant failed to establish, on the papers, that the initial oral agreement contained a term obliging the respondent to make his operating licence available to the applicant company for as long as it existed. The applicant's version was improbable and unsupported by the evidence, particularly given the parties' personal relationship and the lack of any indication that the respondent intended to relinquish control of his licence indefinitely. The written agreement of 3 December 2015 regulated withdrawal from the business, including the licence, and the respondent complied with its notice requirements. The court held that the respondent validly withdrew both...

Citation
[2016] ZANCHC 26
Parties
Applicant: Black Rose Taxi and Shuttle Services (Edms) Beperk; Respondent: Christoffel Jacobus Kramer
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Judgment Date
10 June 2016
Case Number
963/2016
Procedural Posture
Urgent Application / Final Determination After Interim Relief and Interlocutory Application for Referral to Oral Evidence
Outcome
Application dismissed with costs.
Judges
Olivier R
Legal Topics
Oral Contract Terms, Business Licensing, Interim Relief, Referral to Evidence, Costs Award
Commercial and Corporate Civil Procedure Oral Contract Terms Business Licensing Interim Relief Referral to Evidence Costs Award

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Parties

Black Rose Taxi and Shuttle Services (Edms) Beperk

Applicant

Christoffel Jacobus Kramer

Respondent

Procedural Posture

Urgent Application / Final Determination After Interim Relief and Interlocutory Application for Referral to Oral Evidence

Legal Issues

  1. 1 Whether the initial oral agreement contained a term obliging the respondent to make his operating licence available to the applicant company for as long as it existed.
  2. 2 Whether the written agreement of 3 December 2015 amended any such term in the oral agreement.
  3. 3 Whether the written agreement entitled the respondent to withdraw his operating licence from the applicant after the two-month notice period.

Ratio Decidendi

The court found that the applicant failed to establish, on the papers, that the initial oral agreement contained a term obliging the respondent to make his operating licence available to the applicant company for as long as it existed. The applicant's version was improbable and unsupported by the evidence, particularly given the parties' personal relationship and the lack of any indication that the respondent intended to relinquish control of his licence indefinitely. The written agreement of 3 December 2015 regulated withdrawal from the business, including the licence, and the respondent complied with its notice requirements. The court held that the respondent validly withdrew both...

Court Disposition

Application dismissed with costs.

Orders

  • The rule nisi of 13 April 2016 is discharged.
  • The application for referral to oral evidence is dismissed with costs.