Timac Agro South Africa (Pty) Ltd v Greyling (2054/2024) [2025] ZANWHC 105 (24 June 2025)

Timac Agro South Africa (Pty) Ltd v Greyling (2054/2024) [2025] ZANWHC 105 (24 June 2025)

The applicant established a written agreement for the supply of goods, performed in terms of the agreement, and issued invoices. The respondent failed to provide credible evidence of payment or a genuine dispute of fact, relying instead on bare denials and unsubstantiated assertions. The acknowledgement of debt signed by the respondent is valid and enforceable, and all payments received were accounted for. The respondent's failure to file a supplementary affidavit or provide proof of payment undermined his defence. The applicant is entitled to the amended claimed amount, interest, and costs on an attorney and client scale as per the agreement and acknowledgement of debt.

Citation
[2025] ZANWHC 105
Parties
Applicant: Timac Agro South Africa (Pty) Ltd; Respondent: Barend Christiaan Greyling
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
24 June 2025
Case Number
2054/2024
Procedural Posture
Civil Application / Final Judgment
Outcome
Application granted; respondent ordered to pay the applicant the amended amount, interest, and costs on an attorney and client scale.
Judges
T Masike
Legal Topics
Goods Sold and Delivered, Acknowledgement of Debt, Contractual Liability, Interest on Debt, Attorney and Client Costs
Commercial and Corporate Civil Procedure Goods Sold and Delivered Acknowledgement of Debt Contractual Liability Interest on Debt Attorney and Client Costs

Case Brief

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Parties

Timac Agro South Africa (Pty) Ltd

Applicant

Barend Christiaan Greyling

Respondent

Procedural Posture

Civil Application / Final Judgment

Legal Issues

  1. 1 Whether the respondent is liable to pay the applicant the claimed amount for goods sold and delivered.
  2. 2 Whether the respondent's defence based on alleged payments and cession agreement is sufficient to defeat the applicant's claim.
  3. 3 Whether the applicant is entitled to costs on an attorney and client scale.

Ratio Decidendi

The applicant established a written agreement for the supply of goods, performed in terms of the agreement, and issued invoices. The respondent failed to provide credible evidence of payment or a genuine dispute of fact, relying instead on bare denials and unsubstantiated assertions. The acknowledgement of debt signed by the respondent is valid and enforceable, and all payments received were accounted for. The respondent's failure to file a supplementary affidavit or provide proof of payment undermined his defence. The applicant is entitled to the amended claimed amount, interest, and costs on an attorney and client scale as per the agreement and acknowledgement of debt.

Court Disposition

Application granted; respondent ordered to pay the applicant the amended amount, interest, and costs on an attorney and client scale.

Orders

  • The respondent is ordered to pay the applicant R 2 660 314.01.
  • The respondent is ordered to pay interest on the amount at 1% per month from 31 May 2023, compounded monthly.