Investeach Lerekat (Pty) Ltd v Morobane (5052/2019) [2023] ZAFSHC 29 (8 February 2023)

Investeach Lerekat (Pty) Ltd v Morobane (5052/2019) [2023] ZAFSHC 29 (8 February 2023)

The court found that the parties had modified the original contract by jointly drafting and signing annexures 'A' and 'B', which governed the completion of the construction work for the balance of R334,966.42. The plaintiff admitted to signing these annexures and to the terms contained therein. The evidence established that the plaintiff did not have sufficient funds and relied on the defendant for financial assistance, which explained the willingness to conclude the annexures. The court held that the terms of the original agreement were superseded by the subsequent agreements and that the plaintiff's reliance on the original contract was not rejected, but rather modified. The court...

Citation
[2023] ZAFSHC 29
Parties
Plaintiff: Investeach Lerekat (Pty) Ltd; Defendant: Mathediso Anna Morobane
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
8 February 2023
Case Number
5052/2019
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment on Contractual Claim
Outcome
Application for leave to appeal dismissed with costs.
Judges
Mhlambi
Legal Topics
Leave to Appeal, Contractual Modification, Quantum of Damages, Costs Award
Civil Procedure Commercial and Corporate Leave to Appeal Contractual Modification Quantum of Damages Costs Award

Case Brief

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Parties

Investeach Lerekat (Pty) Ltd

Plaintiff

Mathediso Anna Morobane

Defendant

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment on Contractual Claim

Legal Issues

  1. 1 Whether there is a reasonable prospect of success on appeal regarding the finding of liability against the defendant.
  2. 2 Whether the plaintiff proved the amount owed by the defendant.
  3. 3 Whether the plaintiff complied with the terms of the contract relied upon.

Ratio Decidendi

The court found that the parties had modified the original contract by jointly drafting and signing annexures 'A' and 'B', which governed the completion of the construction work for the balance of R334,966.42. The plaintiff admitted to signing these annexures and to the terms contained therein. The evidence established that the plaintiff did not have sufficient funds and relied on the defendant for financial assistance, which explained the willingness to conclude the annexures. The court held that the terms of the original agreement were superseded by the subsequent agreements and that the plaintiff's reliance on the original contract was not rejected, but rather modified. The court...

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed with costs.