Grobler v Greenfield Growing Systems (Pty) Ltd (61116/13) [2015] ZAGPPHC 223 (20 March 2015)

Grobler v Greenfield Growing Systems (Pty) Ltd (61116/13) [2015] ZAGPPHC 223 (20 March 2015)

The court held that Rule 18(6) does not require a party to deliver a signed written agreement when pleading reliance on a written contract. The defendant complied with Rule 18(6) by delivering the document it considered to be the written agreement, even though it was unsigned. The applicant's insistence on a signed copy was misguided, and the authorities cited did not support the applicant's position. The application to compel delivery of a signed agreement was refused, and costs were ordered to be costs in the main action.

Citation
[2015] ZAGPPHC 223
Parties
Applicant: Gert Frederik Grobler; Respondent: Greenfield Growing Systems (Pty) Ltd
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
20 March 2015
Case Number
61116/13
Procedural Posture
Civil Application / Interlocutory Application Under Rule 30 a
Outcome
Application refused. Costs to be costs in the main action.
Judges
P M Mabuse
Legal Topics
Rule 30a Application, Pleading Requirements, Rule 18 6 Compliance, Signed Vs Unsigned Agreement
Civil Procedure Rule 30a Application Pleading Requirements Rule 18 6 Compliance Signed Vs Unsigned Agreement

Case Brief

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Parties

Gert Frederik Grobler

Applicant

Greenfield Growing Systems (Pty) Ltd

Respondent

Procedural Posture

Civil Application / Interlocutory Application Under Rule 30 a

Legal Issues

  1. 1 Whether Rule 18(6) of the Uniform Rules of Court requires delivery of a signed written agreement when pleaded.
  2. 2 Whether the defendant complied with Rule 18(6) by delivering an unsigned copy of the alleged written agreement.
  3. 3 Whether the plaintiff is entitled to an order compelling delivery of a signed agreement.

Ratio Decidendi

The court held that Rule 18(6) does not require a party to deliver a signed written agreement when pleading reliance on a written contract. The defendant complied with Rule 18(6) by delivering the document it considered to be the written agreement, even though it was unsigned. The applicant's insistence on a signed copy was misguided, and the authorities cited did not support the applicant's position. The application to compel delivery of a signed agreement was refused, and costs were ordered to be costs in the main action.

Court Disposition

Application refused. Costs to be costs in the main action.

Orders

  • The application is refused.
  • The costs of this application are to be costs in the main action.