Goliath and Another v Chicory SA (Pty) Ltd (3382/2018) [2023] ZAECMKHC 38 (7 February 2023)

Goliath and Another v Chicory SA (Pty) Ltd (3382/2018) [2023] ZAECMKHC 38 (7 February 2023)

The court found that the only clear admission in the pre-trial minute was the occurrence of the drought, not its legal consequences or impact on the parties' obligations. The applicants' interpretation of the minute was not supported by its text, and evidence was required to determine the legal effect. The principle of divisibility of performance was not triggered, as the drought did not amount to supervening impossibility. The court confirmed its previous findings regarding the contract date, transport costs, and the alleged coaching incident. The application for leave to appeal did not have reasonable prospects of success. Additionally, the court held that the language and tone used by...

Citation
[2023] ZAECMKHC 38
Parties
Applicant: Cecil Goliath; Applicant: Evergreen Everfresh (Pty) Ltd; Respondent: Chicory SA (Pty) Ltd
Court
Eastern Cape High Court, Makhanda
Jurisdiction
South Africa
Judgment Date
7 February 2023
Case Number
3382/2018
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Claim and Award of Counterclaim
Outcome
Application for leave to appeal dismissed; costs awarded against applicants.
Judges
JGA Laing
Legal Topics
Leave to Appeal, Damages for Breach of Contract, Supervening Impossibility, Costs Order, Professional Conduct
Civil Procedure Commercial and Corporate Leave to Appeal Damages for Breach of Contract Supervening Impossibility Costs Order Professional Conduct

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 10 Party arguments 2
Sign in to unlock

Parties

Cecil Goliath

Applicant

Evergreen Everfresh (Pty) Ltd

Applicant

Chicory SA (Pty) Ltd

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Dismissal of Claim and Award of Counterclaim

Legal Issues

  1. 1 Whether the court erred in disregarding the pre-trial minutes and admissions therein.
  2. 2 Whether the court failed to address the divisibility of performance under the contract.
  3. 3 Whether the court erred in its findings regarding the date of the verbal agreement and liability for transport costs.

Ratio Decidendi

The court found that the only clear admission in the pre-trial minute was the occurrence of the drought, not its legal consequences or impact on the parties' obligations. The applicants' interpretation of the minute was not supported by its text, and evidence was required to determine the legal effect. The principle of divisibility of performance was not triggered, as the drought did not amount to supervening impossibility. The court confirmed its previous findings regarding the contract date, transport costs, and the alleged coaching incident. The application for leave to appeal did not have reasonable prospects of success. Additionally, the court held that the language and tone used by...

Court Disposition

Application for leave to appeal dismissed; costs awarded against applicants.

Orders

  • The application for leave to appeal is dismissed.
  • The applicants are directed to pay the respondent's costs on a party-and-party scale.