Insulation Thermal Acoustic Security Company (Pty) Ltd and Another v South African Post Office Limited (A23/2015) [2016] ZAGPPHC 914 (21 October 2016)

Insulation Thermal Acoustic Security Company (Pty) Ltd and Another v South African Post Office Limited (A23/2015) [2016] ZAGPPHC 914 (21 October 2016)

The appellate court found that the trial court failed to consider the alternative causes of action pleaded by the appellants, namely oral agreement and quasi-mutual assent, focusing only on the absence of a signed contract. The court held that contractual liability may be established by consensus or other means, and that the appellants presented an answerable case. The trial court's concession that it did not deal with quasi-mutual assent warranted remittal. Therefore, absolution from the instance was improperly granted, and the matter should be remitted for the respondent to present its case and for all causes of action to be properly determined.

Citation
[2016] ZAGPPHC 914
Parties
Appellant: Insulation Thermal Acoustic Security Company (Pty) Ltd; Appellant: Stritas (Pty) Ltd; Respondent: South African Post Office Limited
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
21 October 2016
Case Number
A23/2015
Procedural Posture
Civil Appeal / Appeal Against Absolution From the Instance at Close of Plaintiffs' Case
Outcome
Appeal upheld; order of absolution from the instance set aside; matter remitted to trial court.
Judges
Bam, Louw A. A., Ranchod
Legal Topics
Absolution From the Instance, Contractual Consensus, Quasi Mutual Assent, Oral Agreement, Written Contract
Commercial and Corporate Civil Procedure Absolution From the Instance Contractual Consensus Quasi Mutual Assent Oral Agreement Written Contract

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 2 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Insulation Thermal Acoustic Security Company (Pty) Ltd

Appellant

Stritas (Pty) Ltd

Appellant

South African Post Office Limited

Respondent

Procedural Posture

Civil Appeal / Appeal Against Absolution From the Instance at Close of Plaintiffs' Case

Legal Issues

  1. 1 Whether the court a quo was correct in granting absolution from the instance at the close of the appellants' case.
  2. 2 Whether the existence of a contract between the appellants and the respondent was sufficiently proved.
  3. 3 Whether alternative causes of action, including quasi-mutual assent and oral agreement, were properly considered.

Ratio Decidendi

The appellate court found that the trial court failed to consider the alternative causes of action pleaded by the appellants, namely oral agreement and quasi-mutual assent, focusing only on the absence of a signed contract. The court held that contractual liability may be established by consensus or other means, and that the appellants presented an answerable case. The trial court's concession that it did not deal with quasi-mutual assent warranted remittal. Therefore, absolution from the instance was improperly granted, and the matter should be remitted for the respondent to present its case and for all causes of action to be properly determined.

Court Disposition

Appeal upheld; order of absolution from the instance set aside; matter remitted to trial court.

Orders

  • The appeal is upheld with costs.
  • The order of the court a quo is set aside and replaced with an order refusing absolution from the instance.