Jardim and Another v Jardim (22320A/2009) [2010] ZAGPPHC 312 (30 April 2010)

Jardim and Another v Jardim (22320A/2009) [2010] ZAGPPHC 312 (30 April 2010)

The court found that the respondent had materially breached the contract by failing to obtain the required life insurance and by failing to make the necessary monthly payments to First National Bank. The new evidence presented by the respondent did not demonstrate that the first applicant was a beneficiary of the insurance policy at the relevant time, nor did it prove that the respondent was not in arrears with payments. The court held that, even if the new evidence were admitted, it would not have affected the outcome of the original judgment. Consequently, there were no reasonable prospects of success on appeal, and the application for leave to appeal was dismissed with costs.

Citation
[2010] ZAGPPHC 312
Parties
Applicant: Reinette Dee Sousa Jardim; Applicant: Condon Beleggings BK; Respondent: Jame Alberto Serrao Jardim
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
30 April 2010
Case Number
22320A/2009
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment on Merits
Outcome
Application for leave to appeal dismissed with costs.
Judges
BC van den Heever
Legal Topics
Contract Cancellation, Breach of Contract, Leave to Appeal, Admission of Further Evidence
Commercial and Corporate Civil Procedure Contract Cancellation Breach of Contract Leave to Appeal Admission of Further Evidence

Case Brief

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Parties

Reinette Dee Sousa Jardim

Applicant

Condon Beleggings BK

Applicant

Jame Alberto Serrao Jardim

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the respondent's failure to obtain life insurance constituted a material breach justifying cancellation of the contract.
  2. 2 Whether the respondent was in arrears with monthly payments to First National Bank at the time of cancellation.
  3. 3 Whether new evidence regarding insurance and payments would affect the prospects of success on appeal.

Ratio Decidendi

The court found that the respondent had materially breached the contract by failing to obtain the required life insurance and by failing to make the necessary monthly payments to First National Bank. The new evidence presented by the respondent did not demonstrate that the first applicant was a beneficiary of the insurance policy at the relevant time, nor did it prove that the respondent was not in arrears with payments. The court held that, even if the new evidence were admitted, it would not have affected the outcome of the original judgment. Consequently, there were no reasonable prospects of success on appeal, and the application for leave to appeal was dismissed with costs.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

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