Elegant Line Trading 257 CC v Member of the Executive Council for Transport - Eastern Cape (104/2022) [2022] ZAECBHC 45 (14 December 2022)

Elegant Line Trading 257 CC v Member of the Executive Council for Transport - Eastern Cape (104/2022) [2022] ZAECBHC 45 (14 December 2022)

The court held that the applicant failed to make out its case in the founding affidavit, as it did not provide a meaningful formula or explanation for the quantification of the claimed amounts. The annexures attached were deficient and did not identify relevant portions supporting the claims. New matter introduced in reply constituted hearsay and was not supported by confirmatory affidavits. The respondent's denial of liability and assertion of breach of contract were not adequately refuted. The court applied the Plascon-Evans test and found that the admitted facts and respondent's allegations did not justify granting the relief sought. The applicant's founding affidavit was found to be...

Citation
[2022] ZAECBHC 45
Parties
Applicant: Elegant Line Trading 257 CC; Respondent: Member of the Executive Council for Transport – Eastern Cape
Court
Eastern Cape High Court, Bhisho
Jurisdiction
South Africa
Judgment Date
14 December 2022
Case Number
104/2022
Procedural Posture
Civil Application / Final Judgment
Outcome
Application dismissed; each party to pay their own costs.
Judges
Rugunanan
Legal Topics
Motion Proceedings, Founding Affidavit Requirements, Quantification of Claim, Contractual Performance
Civil Procedure Commercial and Corporate Motion Proceedings Founding Affidavit Requirements Quantification of Claim Contractual Performance

Case Brief

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Parties

Elegant Line Trading 257 CC

Applicant

Member of the Executive Council for Transport – Eastern Cape

Respondent

Procedural Posture

Civil Application / Final Judgment

Legal Issues

  1. 1 Whether the applicant established its claim for payment based on the founding affidavit and annexures.
  2. 2 Whether the applicant quantified its claims for extra distance and short-payments with sufficient evidence.
  3. 3 Whether new matter introduced in reply can be considered.

Ratio Decidendi

The court held that the applicant failed to make out its case in the founding affidavit, as it did not provide a meaningful formula or explanation for the quantification of the claimed amounts. The annexures attached were deficient and did not identify relevant portions supporting the claims. New matter introduced in reply constituted hearsay and was not supported by confirmatory affidavits. The respondent's denial of liability and assertion of breach of contract were not adequately refuted. The court applied the Plascon-Evans test and found that the admitted facts and respondent's allegations did not justify granting the relief sought. The applicant's founding affidavit was found to be...

Court Disposition

Application dismissed; each party to pay their own costs.

Orders

  • The application is dismissed.
  • Each party shall pay their own costs.