Tshwarisano Trading CC v Sibonga Intuthuko Construction CC (59854/2011) [2019] ZAGPPHC 130 (17 April 2019)

Tshwarisano Trading CC v Sibonga Intuthuko Construction CC (59854/2011) [2019] ZAGPPHC 130 (17 April 2019)

The court found that the plaintiff proved on a balance of probabilities that it performed the work/services stipulated in the subcontract agreement. The evidence established that the plaintiff sourced and employed local labourers who physically completed the trench excavation, house connection, and backfilling, using machinery provided by the defendant. The defendant's version was uncorroborated and contradicted by the evidence of the plaintiff's witnesses, whose testimony was not challenged in cross-examination. The court accepted that the defendant paid salaries directly to the plaintiff's employees due to the plaintiff's lack of funds, but this amount must be deducted from the contract...

Citation
[2019] ZAGPPHC 130
Parties
Plaintiff: Tshwarisano Trading CC; Defendant: Sibonga Intuthuko Construction CC
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
17 April 2019
Case Number
59854/2011
Procedural Posture
Civil Trial / Judgment After Trial
Outcome
Plaintiff's claim succeeds with costs. Defendant ordered to pay the plaintiff the contract sum less salaries already paid, with interest.
Judges
E.M. Kubushi
Legal Topics
Subcontractor Liability, Specific Performance, Proof of Performance, Contractual Dispute
Commercial and Corporate Civil Procedure Subcontractor Liability Specific Performance Proof of Performance Contractual Dispute

Case Brief

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Parties

Tshwarisano Trading CC

Plaintiff

Sibonga Intuthuko Construction CC

Defendant

Procedural Posture

Civil Trial / Judgment After Trial

Legal Issues

  1. 1 Whether the plaintiff performed the work/services stipulated in the subcontract agreement.
  2. 2 Whether the plaintiff is entitled to payment under the contract for services rendered.
  3. 3 Whether the defendant's payment of salaries to certain employees should be deducted from the contract sum.

Ratio Decidendi

The court found that the plaintiff proved on a balance of probabilities that it performed the work/services stipulated in the subcontract agreement. The evidence established that the plaintiff sourced and employed local labourers who physically completed the trench excavation, house connection, and backfilling, using machinery provided by the defendant. The defendant's version was uncorroborated and contradicted by the evidence of the plaintiff's witnesses, whose testimony was not challenged in cross-examination. The court accepted that the defendant paid salaries directly to the plaintiff's employees due to the plaintiff's lack of funds, but this amount must be deducted from the contract...

Court Disposition

Plaintiff's claim succeeds with costs. Defendant ordered to pay the plaintiff the contract sum less salaries already paid, with interest.

Orders

  • The plaintiff's claim succeeds with costs.
  • The defendant is ordered to pay the amount of R228,561.10 to the plaintiff.