Mahlanya v WZ Security and Maintenance Direct and Another (NW12/2018) [2018] ZACONAF 2 (24 July 2018)

Mahlanya v WZ Security and Maintenance Direct and Another (NW12/2018) [2018] ZACONAF 2 (24 July 2018)

The court finds that the parties have reached agreement for the defendants to rectify the defective sliding door and supply and install the correct garage door as per the consumer agreement. The matter is postponed to allow the defendants to comply, and the parties are ordered to appear on the new date for further proceedings. No order as to costs is made.

Citation
[2018] ZACONAF 2
Parties
Plaintiff: Mirriam Mahlanya; Defendant: WZ Security and Maintenance Direct; Defendant: Gasant Jacobs
Court
Consumer Affairs Court
Jurisdiction
South Africa
Judgment Date
24 July 2018
Case Number
NW12/2018
Procedural Posture
Civil Procedure / Postponement for Remedial Action Prior to Final Determination
Outcome
Matter postponed by agreement to allow defendants to rectify defects and supply correct goods.
Judges
John Nkomo, Kgomongwe, Khula
Legal Topics
Consumer Protection, Defective Goods, Specific Performance
Civil Procedure Commercial and Corporate Consumer Protection Defective Goods Specific Performance

Case Brief

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Parties

Mirriam Mahlanya

Plaintiff

WZ Security and Maintenance Direct

Defendant

Gasant Jacobs

Defendant

Procedural Posture

Civil Procedure / Postponement for Remedial Action Prior to Final Determination

Legal Issues

  1. 1 Whether the defendants supplied and installed goods in accordance with the consumer agreement.
  2. 2 Whether the plaintiff is entitled to rectification of defective installation and delivery of the correct garage door.

Ratio Decidendi

The court finds that the parties have reached agreement for the defendants to rectify the defective sliding door and supply and install the correct garage door as per the consumer agreement. The matter is postponed to allow the defendants to comply, and the parties are ordered to appear on the new date for further proceedings. No order as to costs is made.

Court Disposition

Matter postponed by agreement to allow defendants to rectify defects and supply correct goods.

Orders

  • The matter is postponed to 14 August 2018 to allow the defendants to rectify the aluminum sliding door and supply and install a motorized 20 panel meranti garage door at the plaintiff's premises.
  • The parties are ordered to appear before the court on 14 August 2018.