Parameter Properties (Pty) Ltd t/a Aida Pretoria v Reed (A93/2020) [2020] ZAGPPHC 751 (11 December 2020)

Parameter Properties (Pty) Ltd t/a Aida Pretoria v Reed (A93/2020) [2020] ZAGPPHC 751 (11 December 2020)

The court held that the parties did not expressly or tacitly agree on a place or method of payment for the professional fee. In terms of common law, where no place of payment is specified, payment is to be made at the place where the contract was concluded. The professional fee agreement was concluded in Pretoria North, and thus the place of payment was Pretoria North. The evidence regarding payment into a bank account outside the district was deemed to be evidentiary (facta probantia) and not material to the cause of action (facta probanda). Therefore, the whole cause of action arose within the jurisdiction of the Pretoria North Magistrate's Court, and the Magistrate erred in dismissing...

Citation
[2020] ZAGPPHC 751
Parties
Appellant: Parameter Properties (Pty) Ltd t/a Aida Pretoria; Respondent: Joubert Reed
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
11 December 2020
Case Number
A93/2020
Procedural Posture
Civil Appeal / Appeal From Magistrate's Court Judgment
Outcome
Appeal upheld. Magistrate's order set aside and replaced with judgment in favour of the appellant.
Judges
MMD LENYAI, MJ TEFFO
Legal Topics
Magistrates Court Jurisdiction, Contractual Performance, Place of Payment, Specific Performance
Civil Procedure Commercial and Corporate Magistrates Court Jurisdiction Contractual Performance Place of Payment Specific Performance

Case Brief

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Parties

Parameter Properties (Pty) Ltd t/a Aida Pretoria

Appellant

Joubert Reed

Respondent

Procedural Posture

Civil Appeal / Appeal From Magistrate's Court Judgment

Legal Issues

  1. 1 Whether the Pretoria North Magistrate's Court had jurisdiction to hear the appellant's claim for commission.
  2. 2 Whether the place of payment for the professional fee was within the jurisdiction of the Pretoria North Magistrate's Court.
  3. 3 Whether the cause of action arose wholly within the district of the Pretoria North Magistrate's Court.

Ratio Decidendi

The court held that the parties did not expressly or tacitly agree on a place or method of payment for the professional fee. In terms of common law, where no place of payment is specified, payment is to be made at the place where the contract was concluded. The professional fee agreement was concluded in Pretoria North, and thus the place of payment was Pretoria North. The evidence regarding payment into a bank account outside the district was deemed to be evidentiary (facta probantia) and not material to the cause of action (facta probanda). Therefore, the whole cause of action arose within the jurisdiction of the Pretoria North Magistrate's Court, and the Magistrate erred in dismissing...

Court Disposition

Appeal upheld. Magistrate's order set aside and replaced with judgment in favour of the appellant.

Orders

  • The appeal is upheld with costs.
  • The order and judgment of the Magistrate's Court are set aside.