R&R Construction v Gayadeen and Another (5609/2000) [2012] ZAKZDHC 25 (15 May 2012)

R&R Construction v Gayadeen and Another (5609/2000) [2012] ZAKZDHC 25 (15 May 2012)

The court found that the First Defendant had assumed liability for payment of the dwelling, not merely by enrichment but by express conduct and agreement. The Plaintiff was not responsible for arranging the sub-division or bond, and the evidence of the Defendants on this point was rejected. The court accepted the Plaintiff's evidence as credible and found that ongoing negotiations and extensions, including the involvement of Ms Bodasingh, prevented prescription from running. Accordingly, both Defendants were held jointly and severally liable for the amount claimed, with interest and costs.

Citation
[2012] ZAKZDHC 25
Parties
Plaintiff: R&R Construction; Defendant: Narsingh Gayadeen; Defendant: H. Gayadeen aka H. Narsingh
Court
Kwazulu-Natal High Court, Durban
Jurisdiction
South Africa
Judgment Date
15 May 2012
Case Number
5609/2000
Procedural Posture
Civil Trial / Final Judgment
Outcome
Judgment for the Plaintiff against both Defendants jointly and severally for the claimed amount, with costs.
Judges
Mbatha
Legal Topics
Enrichment Liability, Prescription, Joint and Several Liability, Building Contract, Payment of Interest
Land and Property Civil Procedure Enrichment Liability Prescription Joint and Several Liability Building Contract Payment of Interest

Case Brief

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Parties

R&R Construction

Plaintiff

Narsingh Gayadeen

Defendant

H. Gayadeen aka H. Narsingh

Defendant

Procedural Posture

Civil Trial / Final Judgment

Legal Issues

  1. 1 Whether the First Defendant is liable for payment to the Plaintiff despite not being a direct party to the building contract.
  2. 2 Whether the Plaintiff's claim has become prescribed against both Defendants.
  3. 3 Whether the Plaintiff was responsible for arranging the sub-division and bond as a condition for payment.

Ratio Decidendi

The court found that the First Defendant had assumed liability for payment of the dwelling, not merely by enrichment but by express conduct and agreement. The Plaintiff was not responsible for arranging the sub-division or bond, and the evidence of the Defendants on this point was rejected. The court accepted the Plaintiff's evidence as credible and found that ongoing negotiations and extensions, including the involvement of Ms Bodasingh, prevented prescription from running. Accordingly, both Defendants were held jointly and severally liable for the amount claimed, with interest and costs.

Court Disposition

Judgment for the Plaintiff against both Defendants jointly and severally for the claimed amount, with costs.

Orders

  • Judgment is granted in favour of the Plaintiff in the sum of R280,662.18 against First and Second Defendants jointly and severally, the one paying the other to be absolved.
  • First and Second Defendants are ordered to pay the costs of this action jointly and severally, the one paying the other to be absolved.