Legadima Garden Services CC v Lightstorm Electrical CC (36158/13) [2016] ZAGPPHC 1 (5 January 2016)

Legadima Garden Services CC v Lightstorm Electrical CC (36158/13) [2016] ZAGPPHC 1 (5 January 2016)

The court found that the defendant, by virtue of his conduct and expertise, acted as a dealer in earth moving machinery, thereby triggering an implied warranty against latent defects under actio empti. The evidence established that the front end loader was defective and not suitable for its intended purpose, and the defendant's reliance on the voetstoots clause and 'no duty to repair' defence was rejected. The court held that the sale was not voetstoots, as the defendant went to considerable lengths to demonstrate and allow inspection of the machine, which is inconsistent with a voetstoots sale. The defendant failed to prove that the plaintiff misused the machine or caused the damages....

Citation
[2016] ZAGPPHC 1
Parties
Plaintiff: Legadima Garden Services CC; Defendant: Lightstorm Electrical CC
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
5 January 2016
Case Number
36158/13
Procedural Posture
Civil Trial / Final Judgment
Outcome
Plaintiff's claim for R72,987.01 is upheld; claim for R90,000.00 is dismissed; costs awarded to plaintiff.
Judges
Hughes
Legal Topics
Sale of Goods, Latent Defects, Voetstoots Clause, Implied Warranty, Damages Quantification
Commercial and Corporate Civil Procedure Sale of Goods Latent Defects Voetstoots Clause Implied Warranty Damages Quantification

Case Brief

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Parties

Legadima Garden Services CC

Plaintiff

Lightstorm Electrical CC

Defendant

Procedural Posture

Civil Trial / Final Judgment

Legal Issues

  1. 1 Whether the sale of the front end loader was subject to an implied warranty against latent defects.
  2. 2 Whether the defendant was a dealer, thereby triggering the implied warranty under actio empti.
  3. 3 Whether the voetstoots clause and 'no duty to repair' defence were applicable.

Ratio Decidendi

The court found that the defendant, by virtue of his conduct and expertise, acted as a dealer in earth moving machinery, thereby triggering an implied warranty against latent defects under actio empti. The evidence established that the front end loader was defective and not suitable for its intended purpose, and the defendant's reliance on the voetstoots clause and 'no duty to repair' defence was rejected. The court held that the sale was not voetstoots, as the defendant went to considerable lengths to demonstrate and allow inspection of the machine, which is inconsistent with a voetstoots sale. The defendant failed to prove that the plaintiff misused the machine or caused the damages....

Court Disposition

Plaintiff's claim for R72,987.01 is upheld; claim for R90,000.00 is dismissed; costs awarded to plaintiff.

Orders

  • The defendant is ordered to pay the plaintiff an amount of R72,987.01.
  • Interest on the aforesaid amount at the prescribed rate per annum is to run tempore morae, to date of final payment, both days inclusive.