Glofresh (Edms) Bpk v du Toit and Others (A244/2012) [2012] ZAWCHC 367 (29 November 2012)

Glofresh (Edms) Bpk v du Toit and Others (A244/2012) [2012] ZAWCHC 367 (29 November 2012)

The court found that the Plaintiffs proved on a balance of probabilities that the oral agreement was for a fixed price per carton of R30, not a consignment sale. The evidence of Ms du Toit was credible and consistent with the pleadings. The Defendant failed to provide credible evidence of quality defects or to ring-fence the Plaintiffs’ grapes as being of sub-standard quality. The court held that the Plaintiffs discharged the onus of proving delivery of PPECB standard grapes, and any ambiguity in the pleadings regarding payment terms did not affect the substance of the claim. There was no prejudice to the Defendant, and the full enquiry into the issues was conducted. The appeal was...

Citation
[2012] ZAWCHC 367
Parties
Appellant: Glofresh (Edms) Bpk; Respondent: Eljohna du Toit; Respondent: Francois du Toit; Respondent: Martha Catharina du Toit
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
29 November 2012
Case Number
A244/2012
Procedural Posture
Civil Appeal / Appeal From Worcester Magistrate’s Court; Application for Condonation for Late Prosecution of Appeal
Outcome
Appeal dismissed with costs; condonation for late prosecution of appeal granted.
Judges
MacROBERT, SALDANHA
Legal Topics
Oral Contract, Fixed Price Sale, Condonation of Late Appeal, Onus of Proof, Pleadings in Magistrates Court
Commercial and Corporate Civil Procedure Oral Contract Fixed Price Sale Condonation of Late Appeal Onus of Proof Pleadings in Magistrates Court

Case Brief

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Parties

Glofresh (Edms) Bpk

Appellant

Eljohna du Toit

Respondent

Francois du Toit

Respondent

Martha Catharina du Toit

Respondent

Procedural Posture

Civil Appeal / Appeal From Worcester Magistrate’s Court; Application for Condonation for Late Prosecution of Appeal

Legal Issues

  1. 1 Whether the oral agreement between the parties was for a fixed price per carton or a consignment sale.
  2. 2 Whether the terms of the oral agreement as testified corresponded with the pleadings and, if not, the legal effect thereof.
  3. 3 Whether Plaintiffs discharged the onus of proving delivery of grapes of acceptable quality.

Ratio Decidendi

The court found that the Plaintiffs proved on a balance of probabilities that the oral agreement was for a fixed price per carton of R30, not a consignment sale. The evidence of Ms du Toit was credible and consistent with the pleadings. The Defendant failed to provide credible evidence of quality defects or to ring-fence the Plaintiffs’ grapes as being of sub-standard quality. The court held that the Plaintiffs discharged the onus of proving delivery of PPECB standard grapes, and any ambiguity in the pleadings regarding payment terms did not affect the substance of the claim. There was no prejudice to the Defendant, and the full enquiry into the issues was conducted. The appeal was...

Court Disposition

Appeal dismissed with costs; condonation for late prosecution of appeal granted.

Orders

  • Condonation for the late prosecution of the appeal is granted.
  • The appeal is dismissed with costs.