Molamu v Riedewaan Gora t/a Auto Sales Warehouse (NW09/2017) [2018] ZACONAF 14 (12 June 2018)

Molamu v Riedewaan Gora t/a Auto Sales Warehouse (NW09/2017) [2018] ZACONAF 14 (12 June 2018)

The court found that the defendant had entered into a contract of sale with the plaintiff and, following the return of the vehicle due to mechanical defects, failed to refund the deposit and repair costs. The defendant's signed acknowledgement of debt was accepted as evidence of liability. The court held that the acknowledgement of debt is enforceable and ordered the defendant to pay the outstanding amount in instalments, with the entire balance becoming due if any instalment is missed. Costs of enforcement were awarded to the plaintiff on the party and party scale applicable to magistrate's courts.

Citation
[2018] ZACONAF 14
Parties
Plaintiff: Sarah Gabaake Molamu; Defendant: Riedewaan Gora t/a Auto Sales Warehouse
Court
Consumer Affairs Court
Jurisdiction
South Africa
Judgment Date
12 June 2018
Case Number
NW09/2017
Procedural Posture
Civil Procedure / Final Judgment
Outcome
Judgment granted in favour of the plaintiff; defendant ordered to pay the acknowledged debt in instalments.
Judges
J.Nkomo, P. Hlahane, K.Kgomongwe
Legal Topics
Unfair Business Practice, Contract of Sale, Acknowledgement of Debt
Commercial and Corporate Unfair Business Practice Contract of Sale Acknowledgement of Debt

Case Brief

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Parties

Sarah Gabaake Molamu

Plaintiff

Riedewaan Gora t/a Auto Sales Warehouse

Defendant

Procedural Posture

Civil Procedure / Final Judgment

Legal Issues

  1. 1 Whether the defendant engaged in an unfair business practice by failing to refund the plaintiff's deposit and repair costs after the return of the vehicle.
  2. 2 Whether the signed acknowledgement of debt is enforceable against the defendant.

Ratio Decidendi

The court found that the defendant had entered into a contract of sale with the plaintiff and, following the return of the vehicle due to mechanical defects, failed to refund the deposit and repair costs. The defendant's signed acknowledgement of debt was accepted as evidence of liability. The court held that the acknowledgement of debt is enforceable and ordered the defendant to pay the outstanding amount in instalments, with the entire balance becoming due if any instalment is missed. Costs of enforcement were awarded to the plaintiff on the party and party scale applicable to magistrate's courts.

Court Disposition

Judgment granted in favour of the plaintiff; defendant ordered to pay the acknowledged debt in instalments.

Orders

  • The acknowledgement of debt dated 28 May 2018 and signed by the defendant is attached and forms part of the judgment.
  • The defendant is ordered to pay R68,000.00 at the rate of R5,000.00 per month from 1 July 2018.