Glazing Botswana (Pty) Ltd v Royal Africa Truck Sales (51620/2009) [2015] ZAGPPHC 569 (11 August 2015)

Glazing Botswana (Pty) Ltd v Royal Africa Truck Sales (51620/2009) [2015] ZAGPPHC 569 (11 August 2015)

The court found the Plaintiff's witnesses credible and their version more probable. The Plaintiff paid all amounts due, including the R14,000.00 VAT deposit, and was willing to pay the remaining R19,067.19 upon collection. The Defendant failed to have the trailer ready for collection and did not provide the necessary documentation, constituting a breach and repudiation of the agreement. The Plaintiff was entitled to cancel the contract and claim damages for loss of use, calculated at a reasonable rental rate for the period in question.

Citation
[2015] ZAGPPHC 569
Parties
Plaintiff: Glazing Botswana (Pty) Ltd; Defendant: Royal Africa Truck Sales
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
11 August 2015
Case Number
51620/2009
Procedural Posture
Civil Trial / Final Judgment
Outcome
Judgment is granted in favour of the Plaintiff.
Judges
Matojane
Legal Topics
Repudiation of Contract, Specific Performance, Damages for Breach, Oral Agreement of Sale, Payment Dispute
Commercial and Corporate Civil Procedure Repudiation of Contract Specific Performance Damages for Breach Oral Agreement of Sale Payment Dispute

Case Brief

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Parties

Glazing Botswana (Pty) Ltd

Plaintiff

Royal Africa Truck Sales

Defendant

Procedural Posture

Civil Trial / Final Judgment

Legal Issues

  1. 1 Did the Plaintiff pay the R14,000.00 VAT deposit as alleged?
  2. 2 Did the Defendant deliver or make available for collection the second tri-axle trailer as required by the agreement?
  3. 3 Was the Plaintiff entitled to cancel the agreement due to Defendant's alleged repudiation?

Ratio Decidendi

The court found the Plaintiff's witnesses credible and their version more probable. The Plaintiff paid all amounts due, including the R14,000.00 VAT deposit, and was willing to pay the remaining R19,067.19 upon collection. The Defendant failed to have the trailer ready for collection and did not provide the necessary documentation, constituting a breach and repudiation of the agreement. The Plaintiff was entitled to cancel the contract and claim damages for loss of use, calculated at a reasonable rental rate for the period in question.

Court Disposition

Judgment is granted in favour of the Plaintiff.

Orders

  • Payment of the sum of R150,000.00 by the Defendant to the Plaintiff.
  • Interest on R150,000.00 at 15.5% per annum from 4 December 2009 to date of payment.