Midsouth Distributors (Pty) Ltd v Anfoto Processing Laboratory CC (2090/2013) [2015] ZAECPEHC 58 (15 September 2015)

Midsouth Distributors (Pty) Ltd v Anfoto Processing Laboratory CC (2090/2013) [2015] ZAECPEHC 58 (15 September 2015)

The court found that the instalment sale agreement related solely to the demo printer, which was removed and replaced by a new model. The plaintiff's own managing director conceded that the original agreement was terminated and that the new arrangement was governed by an oral agreement, the terms and breach of which were not pleaded or proved. The plaintiff failed to establish a cause of action based on the written agreement. Regarding the claim for consumables, the plaintiff did not provide sufficient evidence of the quantum used by the defendant, as a substantial portion was consumed during test runs by the plaintiff's technicians. Without proof of the amount due, the plaintiff could...

Citation
[2015] ZAECPEHC 58
Parties
Plaintiff: Midsouth Distributors (Pty) Ltd; Defendant: Anfoto Processing Laboratory CC
Court
Eastern Cape High Court, Port Elizabeth
Jurisdiction
South Africa
Judgment Date
15 September 2015
Case Number
2090/2013
Procedural Posture
Civil Trial / Judgment After Trial
Outcome
Plaintiff's claims dismissed with costs.
Judges
Chetty
Legal Topics
Instalment Sale Agreement, Non Variation Clause, Oral Agreement, Quantification of Claim
Commercial and Corporate Civil Procedure Instalment Sale Agreement Non Variation Clause Oral Agreement Quantification of Claim

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Midsouth Distributors (Pty) Ltd

Plaintiff

Anfoto Processing Laboratory CC

Defendant

Procedural Posture

Civil Trial / Judgment After Trial

Legal Issues

  1. 1 Whether the instalment sale agreement was terminated by the replacement of the demo printer with a new model.
  2. 2 Whether the plaintiff can rely on the original written agreement or must prove breach of an oral agreement.
  3. 3 Whether the plaintiff established the quantum of its claim for consumables supplied under the alleged oral agreement.

Ratio Decidendi

The court found that the instalment sale agreement related solely to the demo printer, which was removed and replaced by a new model. The plaintiff's own managing director conceded that the original agreement was terminated and that the new arrangement was governed by an oral agreement, the terms and breach of which were not pleaded or proved. The plaintiff failed to establish a cause of action based on the written agreement. Regarding the claim for consumables, the plaintiff did not provide sufficient evidence of the quantum used by the defendant, as a substantial portion was consumed during test runs by the plaintiff's technicians. Without proof of the amount due, the plaintiff could...

Court Disposition

Plaintiff's claims dismissed with costs.

Orders

  • The plaintiff's claims are dismissed with costs.