Mare v Lewies NO (38195/2008) [2017] ZAGPPHC 662 (11 October 2017)

Mare v Lewies NO (38195/2008) [2017] ZAGPPHC 662 (11 October 2017)

The court found that the plaintiff failed to establish a prima facie case. The plaintiff's own admissions, particularly regarding the submission of the disputed invoice to SARS for a VAT rebate, directly contradicted his central claim that the payment was a loan. The inconsistencies between his affidavit and his oral evidence further eroded his credibility. In the absence of documentary evidence supporting the existence of a loan agreement and given the extent to which the plaintiff's credibility was impugned, the court concluded that no reasonable court could find in his favour. Accordingly, absolution from the instance was granted.

Citation
[2017] ZAGPPHC 662
Parties
Plaintiff: GB Mare; Defendant: Werner Herman Gustav Lewies NO
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
11 October 2017
Case Number
38195/2008
Procedural Posture
Civil Trial / Application for Absolution From the Instance at Close of Plaintiff's Case
Outcome
Defendant's application for absolution from the instance is granted with costs.
Judges
Brand
Legal Topics
Absolution From the Instance, Credibility of Witness, Loan Agreement, Burden of Proof
Civil Procedure Absolution From the Instance Credibility of Witness Loan Agreement Burden of Proof

Case Brief

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Parties

GB Mare

Plaintiff

Werner Herman Gustav Lewies NO

Defendant

Procedural Posture

Civil Trial / Application for Absolution From the Instance at Close of Plaintiff's Case

Legal Issues

  1. 1 Whether the plaintiff established a prima facie case to avoid absolution from the instance.
  2. 2 Whether the payment of R980 000.00 was a loan or payment for services rendered.
  3. 3 Whether the plaintiff's credibility as a witness supports his version of events.

Ratio Decidendi

The court found that the plaintiff failed to establish a prima facie case. The plaintiff's own admissions, particularly regarding the submission of the disputed invoice to SARS for a VAT rebate, directly contradicted his central claim that the payment was a loan. The inconsistencies between his affidavit and his oral evidence further eroded his credibility. In the absence of documentary evidence supporting the existence of a loan agreement and given the extent to which the plaintiff's credibility was impugned, the court concluded that no reasonable court could find in his favour. Accordingly, absolution from the instance was granted.

Court Disposition

Defendant's application for absolution from the instance is granted with costs.

Orders

  • The defendant's application for absolution from the instance is granted.
  • The plaintiff is ordered to pay the costs of the application.