Endecon Ubuntu/Thutse Civils Joint Venture v Water (346/2019P) [2021] ZAKZPHC 32 (9 June 2021)

Endecon Ubuntu/Thutse Civils Joint Venture v Water (346/2019P) [2021] ZAKZPHC 32 (9 June 2021)

The court found that the plaintiff had proved its entitlement to the amount claimed in the amended invoice for professional services rendered under the written agreement. The defendant had previously scrutinised the invoice and requested the removal of the environmental impact assessment fee, which the plaintiff complied with. The defendant did not dispute any other item or the quantum of the amended invoice and indicated that payment would be processed. The plaintiff's evidence was uncontradicted, and the defendant failed to call any witnesses or provide evidence to challenge the claim. On the probabilities, the plaintiff was entitled to payment of R1 526 745.00, interest tempore morae...

Citation
[2021] ZAKZPHC 32
Parties
Plaintiff: Endecon Ubuntu/Thutse Civils Joint Venture; Defendant: Mhlatuze Water
Court
Kwazulu-Natal High Court, Pietermaritzburg
Jurisdiction
South Africa
Judgment Date
9 June 2021
Case Number
346/2019P
Procedural Posture
Civil Trial / Quantum Determination After Liability Conceded
Outcome
Plaintiff's claim for payment of professional services rendered is granted.
Judges
Mathenjwa
Legal Topics
Contractual Liability, Quantum of Damages, Professional Services Agreement
Commercial and Corporate Contractual Liability Quantum of Damages Professional Services Agreement

Case Brief

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Parties

Endecon Ubuntu/Thutse Civils Joint Venture

Plaintiff

Mhlatuze Water

Defendant

Procedural Posture

Civil Trial / Quantum Determination After Liability Conceded

Legal Issues

  1. 1 Whether the plaintiff is entitled to payment for professional services rendered under the written agreement.
  2. 2 Whether the quantum claimed by the plaintiff is justified and supported by evidence.

Ratio Decidendi

The court found that the plaintiff had proved its entitlement to the amount claimed in the amended invoice for professional services rendered under the written agreement. The defendant had previously scrutinised the invoice and requested the removal of the environmental impact assessment fee, which the plaintiff complied with. The defendant did not dispute any other item or the quantum of the amended invoice and indicated that payment would be processed. The plaintiff's evidence was uncontradicted, and the defendant failed to call any witnesses or provide evidence to challenge the claim. On the probabilities, the plaintiff was entitled to payment of R1 526 745.00, interest tempore morae...

Court Disposition

Plaintiff's claim for payment of professional services rendered is granted.

Orders

  • The defendant is ordered to pay the plaintiff the amount of R1 526 745.00.
  • The defendant is ordered to pay interest on the aforesaid amount tempore morae from 22 September 2015 to date of payment.