Harambee Construction Enterprise CC v Patsa Civil Work and Construction (284/2014) [2016] ZAFSHC 102 (17 June 2016)

Harambee Construction Enterprise CC v Patsa Civil Work and Construction (284/2014) [2016] ZAFSHC 102 (17 June 2016)

The court found that the plaintiff and defendant had entered into an oral agreement for the hire of four VIP mobile toilets for the month of November 2012 only. The evidence indicated that after November 2012, the plaintiff was instructed to issue invoices to Daleen Construction, which subsequently became the responsible party for the rental payments as the subcontractor. The plaintiff failed to prove, on a balance of probabilities, that the defendant remained liable for the rental beyond November 2012 or that a contract for a longer period existed between the plaintiff and defendant. The plaintiff also did not establish that the defendant was responsible for the outstanding invoices...

Citation
[2016] ZAFSHC 102
Parties
Plaintiff: Harambee Construction Enterprise CC; Defendant: Patsa Civil Work and Construction
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
17 June 2016
Case Number
284/2014
Procedural Posture
Civil Trial / Final Judgment
Outcome
Plaintiff's claim is dismissed with costs.
Judges
Zietsman, AJ
Legal Topics
Contractual Liability, Oral Agreement, Burden of Proof, Subcontractor Responsibility
Commercial and Corporate Contractual Liability Oral Agreement Burden of Proof Subcontractor Responsibility

Case Brief

Summary, issues, holding and outcome

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Parties

Harambee Construction Enterprise CC

Plaintiff

Patsa Civil Work and Construction

Defendant

Procedural Posture

Civil Trial / Final Judgment

Legal Issues

  1. 1 Whether a contract existed between the plaintiff and defendant for the hire of four VIP mobile toilets beyond November 2012.
  2. 2 Whether the defendant requested the plaintiff to amend the invoices issued.
  3. 3 Whether the contract was terminated after 17 days or continued for a longer period.

Ratio Decidendi

The court found that the plaintiff and defendant had entered into an oral agreement for the hire of four VIP mobile toilets for the month of November 2012 only. The evidence indicated that after November 2012, the plaintiff was instructed to issue invoices to Daleen Construction, which subsequently became the responsible party for the rental payments as the subcontractor. The plaintiff failed to prove, on a balance of probabilities, that the defendant remained liable for the rental beyond November 2012 or that a contract for a longer period existed between the plaintiff and defendant. The plaintiff also did not establish that the defendant was responsible for the outstanding invoices...

Court Disposition

Plaintiff's claim is dismissed with costs.

Orders

  • The plaintiff's claim is dismissed with costs.