Bosbok Ontgenning CC v York Timbers (Pty) Ltd (2239/2017) [2022] ZAMPMBHC 2 (17 January 2022)

Bosbok Ontgenning CC v York Timbers (Pty) Ltd (2239/2017) [2022] ZAMPMBHC 2 (17 January 2022)

The court found that Bosbok Ontgenning CC failed to establish, on the pleadings and evidence, the existence of a verbal or tacit agreement with York Timbers (Pty) Ltd after the expiry of the written contract. The evidence showed no consensus between the parties, and the conduct relied upon by Bosbok did not amount to acceptance of new rates or formation of a new agreement. The placement of orders by York Timbers' employee lacked authority to bind the defendant, and correspondence between the parties confirmed the absence of agreement. As Bosbok did not make out a prima facie case on all elements of its claim, the court held that there was no basis upon which a reasonable court could find...

Citation
[2022] ZAMPMBHC 2
Parties
Plaintiff: Bosbok Ontgenning CC; Defendant: York Timbers (Pty) Ltd
Court
Mbombela High Court, Mpumalanga
Jurisdiction
South Africa
Judgment Date
17 January 2022
Case Number
2239/2017
Procedural Posture
Absolution Application / Application for Absolution From the Instance at Close of Plaintiff's Case
Outcome
Absolution from the instance granted with costs.
Judges
Mashile
Legal Topics
Absolution From the Instance, Tacit Contract, Non Variation Clause, Termination Notice, Prima Facie Case
Commercial and Corporate Civil Procedure Absolution From the Instance Tacit Contract Non Variation Clause Termination Notice Prima Facie Case

Case Brief

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Parties

Bosbok Ontgenning CC

Plaintiff

York Timbers (Pty) Ltd

Defendant

Procedural Posture

Absolution Application / Application for Absolution From the Instance at Close of Plaintiff's Case

Legal Issues

  1. 1 Whether the plaintiff established a prima facie case for the existence of a verbal or tacit agreement after expiry of the written contract.
  2. 2 Whether Clause 8.3 of the written agreement precludes the formation of a verbal or tacit agreement.
  3. 3 Whether the evidence adduced by the plaintiff is sufficient to survive absolution from the instance.

Ratio Decidendi

The court found that Bosbok Ontgenning CC failed to establish, on the pleadings and evidence, the existence of a verbal or tacit agreement with York Timbers (Pty) Ltd after the expiry of the written contract. The evidence showed no consensus between the parties, and the conduct relied upon by Bosbok did not amount to acceptance of new rates or formation of a new agreement. The placement of orders by York Timbers' employee lacked authority to bind the defendant, and correspondence between the parties confirmed the absence of agreement. As Bosbok did not make out a prima facie case on all elements of its claim, the court held that there was no basis upon which a reasonable court could find...

Court Disposition

Absolution from the instance granted with costs.

Orders

  • Absolution from the instance is granted with costs.