Qiniseka Solutions CC v Shaicon Tendering Service (Pty) Ltd and Another (72572/2017) [2021] ZAGPPHC 324 (20 May 2021)

Qiniseka Solutions CC v Shaicon Tendering Service (Pty) Ltd and Another (72572/2017) [2021] ZAGPPHC 324 (20 May 2021)

The court found that the payment of R410,227.64 was made in respect of the TWF project and not as repayment of the loan agreements. The Plaintiff's version was accepted as credible and corroborated by documentary evidence, while the Defendants' version was found to be improbable, dishonest, and unsupported by evidence. The Second Defendant was held liable as surety and co-principal debtor for the obligations under the loan agreements. The Plaintiff was entitled to amend its particulars of claim, as the amendment did not prejudice the Defendants. The Defendants' conduct throughout the litigation, including their shifting versions and procedural non-compliance, warranted punitive costs on...

Citation
[2021] ZAGPPHC 324
Parties
Plaintiff: Qiniseka Solutions CC; Defendant: Shaicon Tendering Service (Pty) Ltd; Defendant: Godfrey Thapelo Shai
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
20 May 2021
Case Number
72572/2017
Procedural Posture
Civil Trial / Judgment After Trial
Outcome
Judgment for the Plaintiff. Amendment to particulars of claim granted. Defendants held jointly and severally liable for payment of R297,000.00 plus interest. Costs awarded against Defendants on attorney and own client scale. Costs of rescission application awarded de bonis propriis against Defendants' attorney.
Judges
Matsemela
Legal Topics
Loan Agreement, Suretyship, Amendment of Pleadings, Interest Calculation, Costs De Bonis Propriis
Commercial and Corporate Civil Procedure Loan Agreement Suretyship Amendment of Pleadings Interest Calculation Costs De Bonis Propriis

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Parties

Qiniseka Solutions CC

Plaintiff

Shaicon Tendering Service (Pty) Ltd

Defendant

Godfrey Thapelo Shai

Defendant

Procedural Posture

Civil Trial / Judgment After Trial

Legal Issues

  1. 1 Whether the payment of R410,227.64 made by the Defendants to the Plaintiff was in respect of the loan agreements or a separate TWF project agreement.
  2. 2 Whether the Second Defendant is liable as surety and co-principal debtor for the obligations of the First Defendant under the loan agreements.
  3. 3 Whether the Plaintiff is entitled to amend its particulars of claim and whether such amendment prejudices the Defendants.

Ratio Decidendi

The court found that the payment of R410,227.64 was made in respect of the TWF project and not as repayment of the loan agreements. The Plaintiff's version was accepted as credible and corroborated by documentary evidence, while the Defendants' version was found to be improbable, dishonest, and unsupported by evidence. The Second Defendant was held liable as surety and co-principal debtor for the obligations under the loan agreements. The Plaintiff was entitled to amend its particulars of claim, as the amendment did not prejudice the Defendants. The Defendants' conduct throughout the litigation, including their shifting versions and procedural non-compliance, warranted punitive costs on...

Court Disposition

Judgment for the Plaintiff. Amendment to particulars of claim granted. Defendants held jointly and severally liable for payment of R297,000.00 plus interest. Costs awarded against Defendants on attorney and own client scale. Costs of rescission application awarded de bonis propriis against Defendants' attorney.

Orders

  • The application for amendment is granted.
  • The costs of the rescission application are awarded against the Defendants and are to be paid de bonis propriis.