Gani Osman Building Supplies v Brits and Others (A1063/10) [2012] ZAGPPHC 83 (12 April 2012)

Gani Osman Building Supplies v Brits and Others (A1063/10) [2012] ZAGPPHC 83 (12 April 2012)

The court found that the appellant failed to prove its claim for the full outstanding amount, as the quotation clearly specified SABS timber and only one invoice referred to black cross timber. The evidence did not support the appellant's assertion that the third respondent consented to accept non-compliant timber. The third respondent provided sufficient factual evidence of the damages incurred in replacing the timber, and her counter-claim was substantiated. The magistrate's findings were upheld, except that the order should have reflected judgment for the plaintiff in the reduced amount and for the counter-claim. The appeal was dismissed with costs.

Citation
[2012] ZAGPPHC 83
Parties
Appellant: Gani Osman Building Supplies; Respondent: L H A Brits; Respondent: Johan Brist; Respondent: Adele Brits
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
12 April 2012
Case Number
A1063/10
Procedural Posture
Civil Appeal / Appeal From Magistrate's Court Judgment
Outcome
Appeal dismissed with costs. Judgment for the plaintiff in the amount of R9,341.60 and for the third respondent on her counter-claim in the amount of R48,000.00.
Judges
R G Tolmay, V V Tlhapi
Legal Topics
Sale of Goods, Proof of Claim, Counter Claim, Damages, Contractual Dispute
Civil Procedure Commercial and Corporate Sale of Goods Proof of Claim Counter Claim Damages Contractual Dispute

Case Brief

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Parties

Gani Osman Building Supplies

Appellant

L H A Brits

Respondent

Johan Brist

Respondent

Adele Brits

Respondent

Procedural Posture

Civil Appeal / Appeal From Magistrate's Court Judgment

Legal Issues

  1. 1 Whether the appellant proved its claim for outstanding payment for building materials on a balance of probabilities.
  2. 2 Whether the third respondent proved her counter-claim for damages arising from non-compliant timber supplied.
  3. 3 Whether the magistrate misdirected himself in his findings and orders.

Ratio Decidendi

The court found that the appellant failed to prove its claim for the full outstanding amount, as the quotation clearly specified SABS timber and only one invoice referred to black cross timber. The evidence did not support the appellant's assertion that the third respondent consented to accept non-compliant timber. The third respondent provided sufficient factual evidence of the damages incurred in replacing the timber, and her counter-claim was substantiated. The magistrate's findings were upheld, except that the order should have reflected judgment for the plaintiff in the reduced amount and for the counter-claim. The appeal was dismissed with costs.

Court Disposition

Appeal dismissed with costs. Judgment for the plaintiff in the amount of R9,341.60 and for the third respondent on her counter-claim in the amount of R48,000.00.

Orders

  • The appeal is dismissed with costs.
  • Judgment is granted for the plaintiff in the amount of R9,341.60.