Massbuild (Pty) Ltd v Sehloho and Others (35644/2018) [2021] ZAGPJHC 473 (29 September 2021)

Massbuild (Pty) Ltd v Sehloho and Others (35644/2018) [2021] ZAGPJHC 473 (29 September 2021)

The court found that the plaintiff had led sufficient evidence to establish a prima facie case against the second and third defendants. Evidence showed that the first and second defendants acted without authority in concluding the Reatha contract and sub-contract with the third defendant, and that proper procedures were not followed. The third defendant issued invoices and delivery notes for work and materials not delivered, resulting in the plaintiff having to refund a substantial amount to Reatha. The court held that, applying the test for absolution, there was evidence upon which a reasonable court might find for the plaintiff, and therefore absolution from the instance should be refused.

Citation
[2021] ZAGPJHC 473
Parties
Plaintiff: Massbuild (Pty) Ltd; First Defendant: Andries Sehloho; Second Defendant: Russel Stead; Third Defendant: TM Ecoglobal Enterprises (Pty) Ltd
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
29 September 2021
Case Number
35644/2018
Procedural Posture
Civil Trial / Application for Absolution From the Instance at Close of Plaintiff's Case
Outcome
Application for absolution from the instance by the second and third defendants is refused.
Judges
Malungana
Legal Topics
Absolution From Instance, Breach of Employment Contract, Authority of Agents, One Time Vendor Process, Delictual Liability, Damages Quantification
Civil Procedure Commercial and Corporate Delict Absolution From Instance Breach of Employment Contract Authority of Agents One Time Vendor Process Delictual Liability +1 more

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Parties

Massbuild (Pty) Ltd

Plaintiff

Andries Sehloho

First Defendant

Russel Stead

Second Defendant

TM Ecoglobal Enterprises (Pty) Ltd

Third Defendant

Procedural Posture

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

Legal Issues

  1. 1 Whether the plaintiff has established a prima facie case against the second and third defendants to avoid absolution from the instance.
  2. 2 Whether the first and second defendants acted without authority in concluding the Reatha contract and sub-contract with the third defendant.
  3. 3 Whether the plaintiff suffered damages as a result of the alleged breach of contract and delictual conduct.

Ratio Decidendi

The court found that the plaintiff had led sufficient evidence to establish a prima facie case against the second and third defendants. Evidence showed that the first and second defendants acted without authority in concluding the Reatha contract and sub-contract with the third defendant, and that proper procedures were not followed. The third defendant issued invoices and delivery notes for work and materials not delivered, resulting in the plaintiff having to refund a substantial amount to Reatha. The court held that, applying the test for absolution, there was evidence upon which a reasonable court might find for the plaintiff, and therefore absolution from the instance should be refused.

Court Disposition

Application for absolution from the instance by the second and third defendants is refused.

Orders

  • The application for absolution from the instance by the second and third defendants is refused.
  • The second and third defendants are to pay the costs occasioned by the application.