CORPCLO 358 CC t/a Kwa Wicks Group v Macingwane (2556/09) [2013] ZAECGHC 96 (19 September 2013)

CORPCLO 358 CC t/a Kwa Wicks Group v Macingwane (2556/09) [2013] ZAECGHC 96 (19 September 2013)

The court found that the plaintiff had proved its claim for payment for goods sold and delivered to the defendant. The defendant's version was rejected as unreliable and untruthful, with the court noting that he admitted receiving the goods and derived benefit from them. The defendant's disputes regarding pricing and invoicing were found to be without merit, and his conduct indicated acceptance of liability. The court held that the plaintiff was entitled to payment of the full amount claimed, less admitted payments and erroneous interest charges, together with interest at the legal rate from the date payment was due and costs of suit.

Citation
[2013] ZAECGHC 96
Parties
Plaintiff: CORPCLO 358 CC t/a Kwa Wicks Group; Defendant: Sabelo Macingwane
Court
Eastern Cape High Court, Grahamstown
Jurisdiction
South Africa
Judgment Date
19 September 2013
Case Number
2556/09
Procedural Posture
Civil Trial / Judgment After Defended Action
Outcome
Plaintiff's claim succeeds in full.
Judges
N Dambuza
Legal Topics
Sale of Goods, Payment of Purchase Price, Contractual Liability, Interest on Overdue Amounts
Commercial and Corporate Sale of Goods Payment of Purchase Price Contractual Liability Interest on Overdue Amounts

Case Brief

Summary, issues, holding and outcome

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Parties

CORPCLO 358 CC t/a Kwa Wicks Group

Plaintiff

Sabelo Macingwane

Defendant

Procedural Posture

Civil Trial / Judgment After Defended Action

Legal Issues

  1. 1 Whether the defendant is liable for the full amount claimed by the plaintiff for goods sold and delivered.
  2. 2 Whether the defendant's defence regarding lack of invoices and statements is valid.
  3. 3 Whether the defendant's admissions and conduct amount to acceptance of liability for the goods received.

Ratio Decidendi

The court found that the plaintiff had proved its claim for payment for goods sold and delivered to the defendant. The defendant's version was rejected as unreliable and untruthful, with the court noting that he admitted receiving the goods and derived benefit from them. The defendant's disputes regarding pricing and invoicing were found to be without merit, and his conduct indicated acceptance of liability. The court held that the plaintiff was entitled to payment of the full amount claimed, less admitted payments and erroneous interest charges, together with interest at the legal rate from the date payment was due and costs of suit.

Court Disposition

Plaintiff's claim succeeds in full.

Orders

  • Defendant is ordered to pay the plaintiff R235,377.08.
  • Defendant is ordered to pay interest on R235,377.08 at the legal rate from 31 July 2007 to date of payment.