Castcrete (Pty) Ltd v Assasi Bhams Investments (Pty) Ltd (2328/2017) [2022] ZANWHC 51 (20 October 2022)

Castcrete (Pty) Ltd v Assasi Bhams Investments (Pty) Ltd (2328/2017) [2022] ZANWHC 51 (20 October 2022)

The plaintiff failed to prove its claim on a balance of probabilities. The evidence presented, including the reconciliation statement and invoices, was unreliable and not properly proved. Concessions by the plaintiff's witness revealed inconsistencies in discounts, credits, and transport charges, and the defendant was entitled to various credits that were not accounted for. The plaintiff's locus standi was not established after cession to Credit Guarantee, and no evidence was led on this issue. The defendant was not required to present evidence as the onus remained on the plaintiff, who failed to discharge it. Consequently, the claim is dismissed and costs are awarded against the...

Citation
[2022] ZANWHC 51
Parties
Plaintiff: Castcrete (Pty) Ltd; Defendant: Assasi Bhams Investments (Pty) Ltd
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
20 October 2022
Case Number
2328/2017
Procedural Posture
Civil Trial / Final Judgment
Outcome
Plaintiff's claim dismissed with costs awarded to the defendant on a party-and-party basis, taxed on the High Court scale.
Judges
R D Hendricks
Legal Topics
Sale of Goods, Contractual Disputes, Onus of Proof, Damages and Credits, Costs Award
Commercial and Corporate Sale of Goods Contractual Disputes Onus of Proof Damages and Credits Costs Award

Case Brief

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Parties

Castcrete (Pty) Ltd

Plaintiff

Assasi Bhams Investments (Pty) Ltd

Defendant

Procedural Posture

Civil Trial / Final Judgment

Legal Issues

  1. 1 Whether the plaintiff proved on a balance of probabilities that the defendant owes the claimed amount under the sale agreement.
  2. 2 Whether discounts, credits for short deliveries, damaged goods, overcharges, and pallet returns were properly accounted for in the plaintiff's claim.
  3. 3 Whether the plaintiff had locus standi to claim after cession to Credit Guarantee.

Ratio Decidendi

The plaintiff failed to prove its claim on a balance of probabilities. The evidence presented, including the reconciliation statement and invoices, was unreliable and not properly proved. Concessions by the plaintiff's witness revealed inconsistencies in discounts, credits, and transport charges, and the defendant was entitled to various credits that were not accounted for. The plaintiff's locus standi was not established after cession to Credit Guarantee, and no evidence was led on this issue. The defendant was not required to present evidence as the onus remained on the plaintiff, who failed to discharge it. Consequently, the claim is dismissed and costs are awarded against the...

Court Disposition

Plaintiff's claim dismissed with costs awarded to the defendant on a party-and-party basis, taxed on the High Court scale.

Orders

  • The plaintiff’s claim is dismissed.
  • The plaintiff is ordered to pay the costs of suit of the defendant on a party-and-party basis, on the High Court scale and to be taxed.