Botha v Grobbelaar (CA135/18) [2019] ZAECGHC 29 (14 March 2019)

Botha v Grobbelaar (CA135/18) [2019] ZAECGHC 29 (14 March 2019)

The court found that the trial judge, Smith J, had correctly accepted the evidence that the blesbuck died as a result of capture myopathy induced by the manner of their capture, not by bloat or trauma during translocation. The expert evidence supporting capture myopathy was consistent and credible, while the alternative theory advanced by the appellant's expert was speculative and unsupported by facts or scientific foundation. The trial court's factual findings were neither the result of misdirection nor clearly wrong. Accordingly, the tacit term requiring delivery of healthy animals was breached, and the appeal must fail.

Citation
[2019] ZAECGHC 29
Parties
Appellant: Hendrik Botha; Respondent: Izak Petrus Grobbelaar
Court
Eastern Cape High Court, Grahamstown
Jurisdiction
South Africa
Judgment Date
14 March 2019
Case Number
CA135/18
Procedural Posture
Civil Appeal / Appeal From Judgment of Smith J in the Court Below
Outcome
Appeal dismissed with costs, including costs of the application for leave to appeal.
Judges
Plasket, Lowe, Tokota
Legal Topics
Sale of Goods, Tacit Terms, Damages for Breach, Expert Evidence
Commercial and Corporate Civil Procedure Sale of Goods Tacit Terms Damages for Breach Expert Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

Hendrik Botha

Appellant

Izak Petrus Grobbelaar

Respondent

Procedural Posture

Civil Appeal / Appeal From Judgment of Smith J in the Court Below

Legal Issues

  1. 1 Whether the three blesbuck died as a result of capture myopathy or another cause.
  2. 2 Whether the tacit term requiring delivery of healthy animals was breached.
  3. 3 Whether the trial court's factual findings were incorrect or the result of misdirection.

Ratio Decidendi

The court found that the trial judge, Smith J, had correctly accepted the evidence that the blesbuck died as a result of capture myopathy induced by the manner of their capture, not by bloat or trauma during translocation. The expert evidence supporting capture myopathy was consistent and credible, while the alternative theory advanced by the appellant's expert was speculative and unsupported by facts or scientific foundation. The trial court's factual findings were neither the result of misdirection nor clearly wrong. Accordingly, the tacit term requiring delivery of healthy animals was breached, and the appeal must fail.

Court Disposition

Appeal dismissed with costs, including costs of the application for leave to appeal.

Orders

  • The appeal is dismissed with costs, including the costs of the application for leave to appeal.