Local Municipality of Madibeng v Paphiri Business Enterprise CC (134/2013) [2014] ZASCA 77 (29 May 2014)

Local Municipality of Madibeng v Paphiri Business Enterprise CC (134/2013) [2014] ZASCA 77 (29 May 2014)

The Supreme Court of Appeal held that the written agreement of August 2003 governed the contractual relationship between the parties, and the applicable tariffs were those set out in that agreement, adjusted by the consumer price index. The numbers of houses, businesses, and containers serviced, as reflected in annexures C1 to C7, were confirmed by evidence and not challenged by the municipality. The schedule prepared on this basis provided the best contemporaneous record and established the amount due on a balance of probabilities. The municipality failed to allege or prove alternative figures and did not dispute the arithmetic of the schedule. Accordingly, the appeal was dismissed.

Citation
[2014] ZASCA 77
Parties
Appellant: Local Municipality of Madibeng; Respondent: Paphiri Business Enterprise CC
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
29 May 2014
Case Number
134/2013
Procedural Posture
Civil Appeal / Appeal From North Gauteng High Court, Pretoria
Outcome
Appeal dismissed with costs.
Judges
Lewis, Leach, Hancke, Swain, Mathopo
Legal Topics
Municipal Service Contract, Proof of Contract Terms, Quantification of Claim, Balance of Probabilities
Commercial and Corporate Civil Procedure Municipal Service Contract Proof of Contract Terms Quantification of Claim Balance of Probabilities

Case Brief

Summary, issues, holding and outcome

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Parties

Local Municipality of Madibeng

Appellant

Paphiri Business Enterprise CC

Respondent

Procedural Posture

Civil Appeal / Appeal From North Gauteng High Court, Pretoria

Legal Issues

  1. 1 Whether the written agreement of August 2003 governed the contractual relationship between the parties.
  2. 2 Whether the respondent proved the amount due for services rendered under the contract.
  3. 3 Whether the municipality was liable to pay more than the R110 000 per month it had paid during the relevant period.

Ratio Decidendi

The Supreme Court of Appeal held that the written agreement of August 2003 governed the contractual relationship between the parties, and the applicable tariffs were those set out in that agreement, adjusted by the consumer price index. The numbers of houses, businesses, and containers serviced, as reflected in annexures C1 to C7, were confirmed by evidence and not challenged by the municipality. The schedule prepared on this basis provided the best contemporaneous record and established the amount due on a balance of probabilities. The municipality failed to allege or prove alternative figures and did not dispute the arithmetic of the schedule. Accordingly, the appeal was dismissed.

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed with costs.