Ndweni v Thomas Mariri t/a Tom Panel Beaters (NW14/2017) [2018] ZACONAF 16 (28 June 2018)

Ndweni v Thomas Mariri t/a Tom Panel Beaters (NW14/2017) [2018] ZACONAF 16 (28 June 2018)

The court found that the parties had reached a written settlement agreement resolving the dispute regarding the repair and return of the plaintiff's motor vehicle and the refund of monies paid. The agreement was lawful and addressed the plaintiff's claims. The court therefore made the settlement agreement an order of court and ordered that the defendant bear any costs incurred by the plaintiff in enforcing the order.

Citation
[2018] ZACONAF 16
Parties
Plaintiff: Tebogo Ndweni; Defendant: Thomas Mariri t/a Tom Panel Beaters
Court
Consumer Affairs Court
Jurisdiction
South Africa
Judgment Date
28 June 2018
Case Number
NW14/2017
Procedural Posture
Civil Procedure / Settlement Agreement Made Order of Court
Outcome
Settlement agreement made an order of court; defendant liable for enforcement costs.
Judges
J.Nkomo, P. Hlahane, K.Kgomongwe
Legal Topics
Consumer Protection, Settlement Agreement, Refund Claim, Failure to Perform
Civil Procedure Consumer Protection Settlement Agreement Refund Claim Failure to Perform

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 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Tebogo Ndweni

Plaintiff

Thomas Mariri t/a Tom Panel Beaters

Defendant

Procedural Posture

Civil Procedure / Settlement Agreement Made Order of Court

Legal Issues

  1. 1 Whether the defendant failed to repair the plaintiff's motor vehicle as agreed.
  2. 2 Whether the plaintiff is entitled to a refund and return of her motor vehicle.
  3. 3 Whether the settlement agreement should be made an order of court.

Ratio Decidendi

The court found that the parties had reached a written settlement agreement resolving the dispute regarding the repair and return of the plaintiff's motor vehicle and the refund of monies paid. The agreement was lawful and addressed the plaintiff's claims. The court therefore made the settlement agreement an order of court and ordered that the defendant bear any costs incurred by the plaintiff in enforcing the order.

Court Disposition

Settlement agreement made an order of court; defendant liable for enforcement costs.

Orders

  • The signed and written settlement agreement dated 24 April 2018 is made an order of court.
  • The defendant shall be responsible for any costs incurred by the plaintiff in enforcing this order, on the party and party scale 'A' of the applicable tariff.