Unit 15 Rondevoux CC t/a Done Rite Services v Makgabo (A3075/2021) [2022] ZAGPJHC 627 (1 September 2022)

Unit 15 Rondevoux CC t/a Done Rite Services v Makgabo (A3075/2021) [2022] ZAGPJHC 627 (1 September 2022)

The court found that the true dispute was whether the appellant was entitled to payment for the value of work performed prior to exclusion from the property, not for completion of the contract. The evidence, including expert testimony, established that the work was substantially complete and that the value could be reliably calculated. The respondent suffered no prejudice from the unpleaded quantum meruit claim, as the issue was fully canvassed at trial. The court calculated the amount due by adding the contract price and agreed extras, then subtracting credits for work not done, the cost to complete, and the amount already paid. The appeal was upheld, and the appellant was awarded the...

Citation
[2022] ZAGPJHC 627
Parties
Appellant: Unit 15 Rondevoux CC t/a Done Rite Services; Respondent: Tumi Makgabo
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
1 September 2022
Case Number
A3075/2021
Procedural Posture
Civil Appeal / Appeal From Randburg District Court Judgment
Outcome
Appeal upheld. Magistrate's order set aside. Judgment entered for appellant for the value of work done, plus interest and costs.
Judges
S D J Wilson, G C Wright
Legal Topics
Quantum Meruit, Specific Performance, Building Contracts, Pleadings and Amendment
Civil Procedure Commercial and Corporate Quantum Meruit Specific Performance Building Contracts Pleadings and Amendment

Case Brief

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Parties

Unit 15 Rondevoux CC t/a Done Rite Services

Appellant

Tumi Makgabo

Respondent

Procedural Posture

Civil Appeal / Appeal From Randburg District Court Judgment

Legal Issues

  1. 1 Whether the appellant is entitled to payment for the value of work done under a partially completed building contract.
  2. 2 Whether the trial court erred in dismissing the appellant's unpleaded quantum meruit claim.
  3. 3 Whether the evidence established the value of the work done by the appellant.

Ratio Decidendi

The court found that the true dispute was whether the appellant was entitled to payment for the value of work performed prior to exclusion from the property, not for completion of the contract. The evidence, including expert testimony, established that the work was substantially complete and that the value could be reliably calculated. The respondent suffered no prejudice from the unpleaded quantum meruit claim, as the issue was fully canvassed at trial. The court calculated the amount due by adding the contract price and agreed extras, then subtracting credits for work not done, the cost to complete, and the amount already paid. The appeal was upheld, and the appellant was awarded the...

Court Disposition

Appeal upheld. Magistrate's order set aside. Judgment entered for appellant for the value of work done, plus interest and costs.

Orders

  • The late filing of the appeal record is condoned, with each party paying their own costs.
  • The appeal is upheld with costs.