Septoo v City of Johannesburg (JS458/09) [2015] ZALCJHB 177 (5 June 2015)

Septoo v City of Johannesburg (JS458/09) [2015] ZALCJHB 177 (5 June 2015)

The applicant's admission that the contract had been cancelled rendered her claim for specific performance logically incompatible with the relief sought. The pleadings did not contain a properly formulated alternative claim for damages premised on cancellation, and a general prayer for further or alternative relief was insufficient to sustain such a claim. The authorities cited by the applicant did not support the proposition that damages could be awarded under these circumstances. Accordingly, the respondent was entitled to absolution from the instance, as there was no evidence upon which the court could reasonably find for the applicant on the pleaded case.

Citation
[2015] ZALCJHB 177
Parties
Applicant: Ellenise Septoo; Respondent: City of Johannesburg
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
5 June 2015
Case Number
JS458/09
Procedural Posture
Civil Trial / Absolution From the Instance at Close of Applicant's Case
Outcome
Respondent granted absolution from the instance; no order as to costs.
Judges
Lagrange
Legal Topics
Specific Performance, Absolution From Instance, Contract Cancellation
Labour Law Civil Procedure Specific Performance Absolution From Instance Contract Cancellation

Case Brief

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Parties

Ellenise Septoo

Applicant

City of Johannesburg

Respondent

Procedural Posture

Civil Trial / Absolution From the Instance at Close of Applicant's Case

Legal Issues

  1. 1 Whether the applicant can claim specific performance when she admits the contract has been cancelled.
  2. 2 Whether a general prayer for further or alternative relief entitles the applicant to claim damages not specifically pleaded.
  3. 3 Whether the respondent is entitled to absolution from the instance given the applicant's evidence.

Ratio Decidendi

The applicant's admission that the contract had been cancelled rendered her claim for specific performance logically incompatible with the relief sought. The pleadings did not contain a properly formulated alternative claim for damages premised on cancellation, and a general prayer for further or alternative relief was insufficient to sustain such a claim. The authorities cited by the applicant did not support the proposition that damages could be awarded under these circumstances. Accordingly, the respondent was entitled to absolution from the instance, as there was no evidence upon which the court could reasonably find for the applicant on the pleaded case.

Court Disposition

Respondent granted absolution from the instance; no order as to costs.

Orders

  • The respondent is granted absolution from the instance in respect of the applicant's claim for specific performance.
  • No order is made as to costs.