Datcenter Motors (Pty) Ltd t/a CMH Commercial v Reddy Cargo Services (Pty) Ltd (AR 223/11) [2011] ZAKZPHC 57 (30 September 2011)

Datcenter Motors (Pty) Ltd t/a CMH Commercial v Reddy Cargo Services (Pty) Ltd (AR 223/11) [2011] ZAKZPHC 57 (30 September 2011)

The court found that the plaintiff was not in possession of the bull bars at the time the defendant tendered to repair them, as Smart Trucks had previously removed them for repairs. The correspondence and evidence supported the plaintiff's version that the defendant's subcontractor, Mr Oelofse, had taken the bull...

Source-derived case information.

Citation
[2011] ZAKZPHC 57
Parties
Appellant: Datcentre Motors (Pty) Ltd t/a CMH Commercial; Respondent: Reddy Cargo Services (Pty) Ltd
Court
Kwazulu-Natal High Court, Pietermaritzburg
Jurisdiction
South Africa
Judgment Date
30 September 2011
Case Number
AR 223/11
Procedural Posture
Civil Appeal / Appeal From Magistrates’ Court Judgment
Outcome
Appeal dismissed with costs.
Judges
Ploos van Amstel
Legal Topics
Sale of Goods, Specific Performance, Contractual Tender, Burden of Proof
Commercial and Corporate Civil Procedure Sale of Goods Specific Performance Contractual Tender Burden of Proof

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Parties

Datcentre Motors (Pty) Ltd t/a CMH Commercial

Appellant

Reddy Cargo Services (Pty) Ltd

Respondent

Procedural Posture

Civil Appeal / Appeal From Magistrates’ Court Judgment

Legal Issues

  1. 1 Whether the plaintiff failed to make its trucks available for repair as required by the defendant's tender.
  2. 2 Whether the magistrate erred in accepting the plaintiff's version regarding possession of the bull bars.
  3. 3 Whether the defendant's tender to repair the bull bars was properly performed or frustrated by the plaintiff.

Ratio Decidendi

The court found that the plaintiff was not in possession of the bull bars at the time the defendant tendered to repair them, as Smart Trucks had previously removed them for repairs. The correspondence and evidence supported the plaintiff's version that the defendant's subcontractor, Mr Oelofse, had taken the bull bars and failed to repair them. The magistrate's acceptance of the plaintiff's evidence was justified and not shown to be erroneous. The defendant's tender to repair was not properly performed, and the failure to repair was not due to any breach by the plaintiff. The appeal was dismissed, and the magistrate's judgment in favour of the plaintiff was upheld.

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed with costs.