Modise v Eye-Con Manufacturing (NW013/2017) [2017] ZACONAF 3 (7 November 2017)
- Citation
- [2017] ZACONAF 3
- Status
- Judgment
- Jurisdiction
- South Africa
- Court
- Consumer Affairs Court
- Panel
- J Nkomo, P Hlahane, K Kgomongwe
- Case number
- NW013/2017
More details
- Court
- Consumer Affairs Court
- Panel
- J Nkomo, P Hlahane, K Kgomongwe
- Case number
- NW013/2017
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
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.
- The defendant is ordered to deliver two specified VIP Toilets to the plaintiff by no later than 24 November 2017.
- The matter is postponed to 5 December 2017 for confirmation of compliance.
- No costs are awarded.
02
Material facts
Parties
T.G Modise
Plaintiff Counsel: Mr. LetsogoEye-Con Manufacturing
Defendant Counsel: Mr. RabajiAmounts and remedies
- Claim Amount: ZAR 82,000
03
Procedural history
Posture
Civil Procedure / Trial
04
Questions and positions
Legal issues
- 01
Whether the defendant is obliged to deliver the Cold Room and VIP Toilets as per the agreement.
- 02
Whether the claim amount should be amended to reflect the payment made by the plaintiff.
- 03
Whether the parties have reached agreement on the terms of delivery and compliance.
Party arguments
- Applicant
- The plaintiff, represented by Mr. Letsogo, argued that he paid R82,000.00 on 6 June 2016 for the Cold Room and VIP Toilets, and that the defendant is contractually obliged to deliver these items as agreed. The plaintiff sought amendment of the claim amount to reflect the actual payment and requested specific performance for delivery of the goods.
- Respondent
- The defendant, represented by Mr. Rabaji, did not dispute the payment or the obligation to deliver the specified goods. The parties reached agreement on the amendment of the claim amount and the delivery dates for the Cold Room and VIP Toilets, and consented to the terms of the order.
05
Court’s reasoning
Legal principles
- 01
Modise v Eye-Con Manufacturing (NW013/2017) [2017] ZACONAF 3
Where parties reach agreement on the terms of delivery and payment, the court may make an order by consent reflecting those terms.
- 02
Modise v Eye-Con Manufacturing (NW013/2017) [2017] ZACONAF 3
Specific performance is an appropriate remedy where the subject matter of the contract is ascertainable and delivery is feasible.
06
Ratio, limits and disposition
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.
Obiter and limits
- The court noted the importance of parties reaching settlement and the efficiency of resolving disputes by agreement.
- No costs were awarded, reflecting the consensual nature of the proceedings.
Court disposition
Order granted by agreement; matter postponed for confirmation of compliance.
- 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.
- The defendant is ordered to deliver two specified VIP Toilets to the plaintiff by no later than 24 November 2017.
- The matter is postponed to 5 December 2017 for confirmation of compliance.
- No costs are awarded.
Source and reliance status
Consumer Affairs Court
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Consumer Affairs Court
Judgment
IN THE CONSUMER AFFAIRS COURT
FOR THE NORTH WEST PROVINCE
HELD AT MMABATHO
Case number: NW013/2017
In the matter between:-
T.G
MODISE
PLAINTIFF
And
EYE-CON
MANUFACTURING
DEFENDANT
On 07 November 2017
Members: J. Nkomo, P. Hlahane and K. Kgomongwe
JUDGMENT
Introduction
This is a judgment of this court wherein all the members that were present at the hearing were unanimous on the decision reached.
Order
Having heard Mr. Letsogo who acted on behalf of the plaintiff as well as having heard Mr. Rabaji who acted on behalf of the defendant, the following order is made by agreement between the parties:-
1. The claim amount is amended to reflect as R 82 000.00 that was paid on 06 June 2016.
2. The defendant is by agreement between the parties ordered to deliver the specific Cold Room that forms the subject matter of the claim. It is to be delivered on or before 10 November 2017.
3. The defendant is by agreement between the parties ordered to deliver the two (2) specified VIP Toilets to the plaintiff by no later than 24 November 2017.
4. The matter is postponed to 05 December 2017 for confirmation of compliance with this order.
5. No costs.
Dated at Mmabatho on this the 7th day of November 2017.
John Nkomo
Chairperson
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