J P Krugerrand Deals CC and Another v Moscon Thyme CC (16451/2010) [2014] ZAGPJHC 288 (3 April 2014)

J P Krugerrand Deals CC and Another v Moscon Thyme CC (16451/2010) [2014] ZAGPJHC 288 (3 April 2014)

The court held that the admission made by the first defendant in the affidavit resisting summary judgment was admissible and sufficient to establish a prima facie case that the suspensive condition in the agreement of sale had been fulfilled. The Law of Evidence Amendment Act does not apply to such admissions, as their probative value does not depend on the credibility of the person making the admission but rather on the fact that the admission was made. The damages claimed in the counterclaim were delictual in nature, and the defendants failed to provide authority for calculating damages on a contractual basis. There was no reasonable prospect that another court would reach a different...

Citation
[2014] ZAGPJHC 288
Parties
Applicant: J P Krugerrand Deals CC; Applicant: Ioannis Salalides; Respondent: Moscon Thyme CC
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
3 April 2014
Case Number
16451/2010
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment on Merits
Outcome
Leave to appeal is refused. The defendants are ordered to pay the costs of the application, including the costs of two counsel, jointly and severally.
Judges
André Gautschi
Legal Topics
Admissions in Affidavit, Hearsay Evidence, Suspensive Condition, Fraudulent Misrepresentation, Measure of Damages, Leave to Appeal
Civil Procedure Commercial and Corporate Delict Admissions in Affidavit Hearsay Evidence Suspensive Condition Fraudulent Misrepresentation Measure of Damages +1 more

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 3 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

J P Krugerrand Deals CC

Applicant

Ioannis Salalides

Applicant

Moscon Thyme CC

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment on Merits

Legal Issues

  1. 1 Whether the admission in the affidavit resisting summary judgment constituted admissible evidence establishing fulfilment of the suspensive condition.
  2. 2 Whether the Law of Evidence Amendment Act applies to admissions made by a party in an affidavit.
  3. 3 Whether the damages claimed in the counterclaim were properly formulated as contractual or delictual damages.

Ratio Decidendi

The court held that the admission made by the first defendant in the affidavit resisting summary judgment was admissible and sufficient to establish a prima facie case that the suspensive condition in the agreement of sale had been fulfilled. The Law of Evidence Amendment Act does not apply to such admissions, as their probative value does not depend on the credibility of the person making the admission but rather on the fact that the admission was made. The damages claimed in the counterclaim were delictual in nature, and the defendants failed to provide authority for calculating damages on a contractual basis. There was no reasonable prospect that another court would reach a different...

Court Disposition

Leave to appeal is refused. The defendants are ordered to pay the costs of the application, including the costs of two counsel, jointly and severally.

Orders

  • Leave to appeal is refused.
  • The defendants, jointly and severally, are ordered to pay the costs of this application, including the costs of two counsel.