Modise v Eye-Con Manufacturing (NW013/2017) [2017] ZACONAF 3 (7 November 2017)

Modise v Eye-Con Manufacturing (NW013/2017) [2017] ZACONAF 3 (7 November 2017)

The court found that the parties had reached agreement regarding the amendment of the claim amount to R82,000.00 and the delivery of the Cold Room and VIP Toilets. The order was made by consent, requiring the defendant to deliver the specified goods by the agreed dates. The matter was postponed for confirmation of compliance, and no costs were awarded. The court's decision was unanimous among the members present.

Citation
[2017] ZACONAF 3
Parties
Plaintiff: T.G Modise; Defendant: Eye-Con Manufacturing
Court
Consumer Affairs Court
Jurisdiction
South Africa
Judgment Date
7 November 2017
Case Number
NW013/2017
Procedural Posture
Civil Procedure / Trial
Outcome
Order granted by agreement; matter postponed for confirmation of compliance.
Judges
J Nkomo, P Hlahane, K Kgomongwe
Legal Topics
Specific Performance, Contractual Claim, Amendment of Claim, Delivery of Goods
Commercial and Corporate Specific Performance Contractual Claim Amendment of Claim Delivery of Goods

Case Brief

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Parties

T.G Modise

Plaintiff

Eye-Con Manufacturing

Defendant

Procedural Posture

Civil Procedure / Trial

Legal Issues

  1. 1 Whether the defendant is obliged to deliver the Cold Room and VIP Toilets as per the agreement.
  2. 2 Whether the claim amount should be amended to reflect the payment made by the plaintiff.
  3. 3 Whether the parties have reached agreement on the terms of delivery and compliance.

Ratio Decidendi

The court found that the parties had reached agreement regarding the amendment of the claim amount to R82,000.00 and the delivery of the Cold Room and VIP Toilets. The order was made by consent, requiring the defendant to deliver the specified goods by the agreed dates. The matter was postponed for confirmation of compliance, and no costs were awarded. The court's decision was unanimous among the members present.

Court Disposition

Order granted by agreement; matter postponed for confirmation of compliance.

Orders

  • The claim amount is amended to R82,000.00 paid on 6 June 2016.
  • The defendant is ordered to deliver the specified Cold Room to the plaintiff on or before 10 November 2017.