Sebokuboku Constructions and Water Supply CC v PJMJ Engineering and Plant Hire CC (36/2015) [2019] ZALMPPHC 34 (18 July 2019)

Sebokuboku Constructions and Water Supply CC v PJMJ Engineering and Plant Hire CC (36/2015) [2019] ZALMPPHC 34 (18 July 2019)

The court found that the Plaintiff and Defendant entered into an oral partnership agreement for the execution of the RAL project. The Plaintiff contributed funds, graders, skill, and labour, and was to be reimbursed for expenses incurred. The Defendant's version that the Plaintiff was merely an employee was rejected as improbable and inconsistent with the evidence. The conduct of both parties, especially the Plaintiff's financial contributions and risk-taking, demonstrated the existence of a partnership. The Plaintiff proved on a balance of probabilities that R 938,271.08 remained outstanding for disbursements. The court granted judgment for the Plaintiff, ordering payment of the claimed...

Citation
[2019] ZALMPPHC 34
Parties
Plaintiff: Sebokuboku Constructions and Water Supply CC; Defendant: PJMJ Engineering & Plant Hire CC
Court
Limpopo High Court, Polokwane
Jurisdiction
South Africa
Judgment Date
18 July 2019
Case Number
36/2015
Procedural Posture
Civil Trial / Final Judgment
Outcome
Judgment for the Plaintiff.
Judges
Makgoba JP
Legal Topics
Partnership Agreement, Oral Contract, Reimbursement of Expenses, Statement and Debatement, Joint Venture, Proof of Partnership
Commercial and Corporate Partnership Agreement Oral Contract Reimbursement of Expenses Statement and Debatement Joint Venture Proof of Partnership

Case Brief

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Parties

Sebokuboku Constructions and Water Supply CC

Plaintiff

PJMJ Engineering & Plant Hire CC

Defendant

Procedural Posture

Civil Trial / Final Judgment

Legal Issues

  1. 1 Whether a partnership agreement was entered into between the Plaintiff and the Defendant.
  2. 2 Whether any outstanding amount is due to the Plaintiff by the Defendant for services rendered and disbursements incurred in managing the project.

Ratio Decidendi

The court found that the Plaintiff and Defendant entered into an oral partnership agreement for the execution of the RAL project. The Plaintiff contributed funds, graders, skill, and labour, and was to be reimbursed for expenses incurred. The Defendant's version that the Plaintiff was merely an employee was rejected as improbable and inconsistent with the evidence. The conduct of both parties, especially the Plaintiff's financial contributions and risk-taking, demonstrated the existence of a partnership. The Plaintiff proved on a balance of probabilities that R 938,271.08 remained outstanding for disbursements. The court granted judgment for the Plaintiff, ordering payment of the claimed...

Court Disposition

Judgment for the Plaintiff.

Orders

  • The Defendant is ordered to pay the Plaintiff the sum of R 938,271.00.
  • Interest on the aforesaid amount at 9% per annum a tempore morae.