Teyise v Member of the Executive Council for Local Government and Traditional Affairs (236/15) [2015] ZAECBHC 43 (28 July 2015)

Teyise v Member of the Executive Council for Local Government and Traditional Affairs (236/15) [2015] ZAECBHC 43 (28 July 2015)

The plaintiff failed to disclose a cause of action for breach of contract, as he was still on probation at the time of termination and did not allege election to cancel the agreement or communicate such election. The written agreement expressly permitted termination on three months' written notice, which was complied with by the defendant. The amounts claimed do not constitute liquidated amounts in money, as the particulars of claim lack sufficient detail for prompt ascertainment. Furthermore, the defendant established a bona fide defence by reversing the dismissal and requiring the plaintiff to return to work. Accordingly, the summary judgment application cannot succeed.

Citation
[2015] ZAECBHC 43
Parties
Plaintiff: Masixole Teyise; Defendant: Member of the Executive Council for Local Government and Traditional Affairs
Court
Eastern Cape High Court, Bhisho
Jurisdiction
South Africa
Judgment Date
28 July 2015
Case Number
236/15
Procedural Posture
Summary Judgment Application / Application for Summary Judgment Following Entry of Appearance to Defend.
Outcome
Summary judgment application refused; defendant granted leave to defend; costs reserved for determination by the court hearing the main action.
Judges
S M Mbenenge
Legal Topics
Breach of Contract, Summary Judgment, Liquidated Claim, Termination of Employment
Civil Procedure Commercial and Corporate Breach of Contract Summary Judgment Liquidated Claim Termination of Employment

Case Brief

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Parties

Masixole Teyise

Plaintiff

Member of the Executive Council for Local Government and Traditional Affairs

Defendant

Procedural Posture

Summary Judgment Application / Application for Summary Judgment Following Entry of Appearance to Defend.

Legal Issues

  1. 1 Whether the plaintiff's particulars of claim disclose a cause of action for breach of contract.
  2. 2 Whether the termination of the plaintiff's employment was contrary to the termination clauses of the written agreement.
  3. 3 Whether the amount claimed qualifies as a liquidated amount in money under rule 32(1)(b).

Ratio Decidendi

The plaintiff failed to disclose a cause of action for breach of contract, as he was still on probation at the time of termination and did not allege election to cancel the agreement or communicate such election. The written agreement expressly permitted termination on three months' written notice, which was complied with by the defendant. The amounts claimed do not constitute liquidated amounts in money, as the particulars of claim lack sufficient detail for prompt ascertainment. Furthermore, the defendant established a bona fide defence by reversing the dismissal and requiring the plaintiff to return to work. Accordingly, the summary judgment application cannot succeed.

Court Disposition

Summary judgment application refused; defendant granted leave to defend; costs reserved for determination by the court hearing the main action.

Orders

  • The plaintiff’s summary judgment application is refused.
  • The defendant is granted leave to defend the main action.