Dube and Another v Off the Grid CC and Others (2019/29442) [2020] ZAGPJHC 141 (7 April 2020)

Dube and Another v Off the Grid CC and Others (2019/29442) [2020] ZAGPJHC 141 (7 April 2020)

The court found that the applicants' approach to calculating the outstanding balance was misguided and contrary to the express terms of the contract. Credits for direct payments made by the applicants were only allowed to the extent provided in the schedule of finishes. The Standard Bank progress chart was irrelevant to the contractual relationship. The certified statement of account by the architect established the amount due, and the applicants were obliged to pay the outstanding balance before claiming occupation. The respondents' calculation was legally and factually sound, and judgment was granted for the amount due, with costs awarded to the respondents.

Citation
[2020] ZAGPJHC 141
Parties
Applicant: Dube, Takandu; Applicant: Dube, Tsitsi; Respondent: Off the Grid CC; Respondent: Daniel, Jennifer Margaret; Respondent: Daniel Projects CC (In Liquidation); Respondent: Eduardo Todisco Architects & Designs; Respondent: Morrison, Terence Andrew; Respondent: The Master of the High Court, Johannesburg
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
7 April 2020
Case Number
2019/29442
Procedural Posture
Civil Application / Final Judgment After Opposed Application and Debatement of Account
Outcome
Judgment granted in favour of the first and second respondents against the first and second applicants, jointly and severally.
Judges
Adams
Legal Topics
Debatement of Account, Building Contract, Specific Performance, Contractual Variations, Costs Award, Lien and Possession
Civil Procedure Commercial and Corporate Land and Property Debatement of Account Building Contract Specific Performance Contractual Variations Costs Award +1 more

Case Brief

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Parties

Dube, Takandu

Applicant

Dube, Tsitsi

Applicant

Off the Grid CC

Respondent

Daniel, Jennifer Margaret

Respondent

Daniel Projects CC (In Liquidation)

Respondent

Eduardo Todisco Architects & Designs

Respondent

Morrison, Terence Andrew

Respondent

The Master of the High Court, Johannesburg

Respondent

Procedural Posture

Civil Application / Final Judgment After Opposed Application and Debatement of Account

Legal Issues

  1. 1 Whether the applicants are indebted to the first respondent for the outstanding balance under the building contract.
  2. 2 Whether the applicants are entitled to credits for amounts paid directly to suppliers and subcontractors beyond the schedule of finishes.
  3. 3 Whether the applicants' reliance on the Standard Bank progress chart is contractually relevant.

Ratio Decidendi

The court found that the applicants' approach to calculating the outstanding balance was misguided and contrary to the express terms of the contract. Credits for direct payments made by the applicants were only allowed to the extent provided in the schedule of finishes. The Standard Bank progress chart was irrelevant to the contractual relationship. The certified statement of account by the architect established the amount due, and the applicants were obliged to pay the outstanding balance before claiming occupation. The respondents' calculation was legally and factually sound, and judgment was granted for the amount due, with costs awarded to the respondents.

Court Disposition

Judgment granted in favour of the first and second respondents against the first and second applicants, jointly and severally.

Orders

  • Payment to the first respondent of R115,535.45 by the first and second applicants, jointly and severally, the one paying the other to be absolved.
  • Payment of interest on R115,535.45 at the legal rate of 10% per annum from 12 September 2019 to date of final payment.