Mpumelelo Projects Construction CC v Sasol Wax (Pty) Ltd (720/2007) [2010] ZAFSHC 64 (1 July 2010)

Mpumelelo Projects Construction CC v Sasol Wax (Pty) Ltd (720/2007) [2010] ZAFSHC 64 (1 July 2010)

The application for leave to appeal was refused because the applicant failed to demonstrate any reasonable prospect of success. The decisive issue was whether the respondent made representations or warranties regarding the quality of the product. The court found that the general terms of sale, which excluded warranties, were expressly incorporated into the agreement via the credit application form. The applicant was bound by these terms. The evidence did not conclusively establish that the respondent's product had latent defects, and even if such defects existed, the exclusion of warranties precluded liability. The court was not persuaded that any appealable misdirection occurred in the...

Citation
[2010] ZAFSHC 64
Parties
Applicant: Mpumelelo Projects Construction CC; Respondent: Sasol Wax (Pty) Ltd
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
1 July 2010
Case Number
720/2007
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment Granting Absolution From the Instance.
Outcome
Leave to appeal refused; costs awarded against the applicant.
Judges
M H Rampai
Legal Topics
Absolution From the Instance, Contractual Warranty, Incorporation by Reference, Leave to Appeal
Civil Procedure Commercial and Corporate Absolution From the Instance Contractual Warranty Incorporation by Reference Leave to Appeal

Case Brief

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Parties

Mpumelelo Projects Construction CC

Applicant

Sasol Wax (Pty) Ltd

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment Granting Absolution From the Instance.

Legal Issues

  1. 1 Whether the applicant has reasonable prospects of success on appeal against the judgment granting absolution from the instance.
  2. 2 Whether the respondent made representations or warranties regarding the quality of the liquid product supplied.
  3. 3 Whether the general terms of sale were incorporated into the agreement and excluded warranties.

Ratio Decidendi

The application for leave to appeal was refused because the applicant failed to demonstrate any reasonable prospect of success. The decisive issue was whether the respondent made representations or warranties regarding the quality of the product. The court found that the general terms of sale, which excluded warranties, were expressly incorporated into the agreement via the credit application form. The applicant was bound by these terms. The evidence did not conclusively establish that the respondent's product had latent defects, and even if such defects existed, the exclusion of warranties precluded liability. The court was not persuaded that any appealable misdirection occurred in the...

Court Disposition

Leave to appeal refused; costs awarded against the applicant.

Orders

  • The applicant is refused leave to appeal.
  • The applicant is directed to pay the costs of the application.