Verveen Incorporated and Another v Ngoma Trading CC and Another (27041/2014) [2019] ZAGPPHC 452 (23 August 2019)

Verveen Incorporated and Another v Ngoma Trading CC and Another (27041/2014) [2019] ZAGPPHC 452 (23 August 2019)

The court found the plaintiffs to be credible and reliable witnesses, and rejected the first defendant's version as false where it conflicted with the plaintiffs' evidence. The probabilities strongly favoured the plaintiffs' account that the fee was agreed to be paid upon transfer, calculated according to the 2009 Law Society tariff. The first defendant's belated objections and shifting defences lacked credibility and evidential support. The court held that the fee was properly and fairly calculated, and that no valid special defence was established. The plaintiffs fulfilled their mandate, and the first defendant is liable for the full claimed amount, with interest and costs.

Citation
[2019] ZAGPPHC 452
Parties
Plaintiff: Verveen Incorporated; Plaintiff: Maloka Attorneys; Defendant: Ngoma Trading CC; Defendant: Greater Tzaneen Municipality
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
23 August 2019
Case Number
27041/2014
Procedural Posture
Civil Trial / Final Judgment
Outcome
Judgment in favour of the plaintiffs jointly against the first defendant for the full claimed amount, with interest and costs.
Judges
Tuchten
Legal Topics
Attorneys Fees, Conveyancing, Contractual Dispute, Special Plea, Fee Agreement
Commercial and Corporate Civil Procedure Attorneys Fees Conveyancing Contractual Dispute Special Plea Fee Agreement

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 6 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Verveen Incorporated

Plaintiff

Maloka Attorneys

Plaintiff

Ngoma Trading CC

Defendant

Greater Tzaneen Municipality

Defendant

Procedural Posture

Civil Trial / Final Judgment

Legal Issues

  1. 1 Whether the first defendant is liable to pay the plaintiffs' professional conveyancing fee as claimed.
  2. 2 Whether the fee was agreed to be paid on transfer or only upon financial viability or sales by the first defendant.
  3. 3 Whether the fee was properly calculated according to the applicable Law Society tariff.

Ratio Decidendi

The court found the plaintiffs to be credible and reliable witnesses, and rejected the first defendant's version as false where it conflicted with the plaintiffs' evidence. The probabilities strongly favoured the plaintiffs' account that the fee was agreed to be paid upon transfer, calculated according to the 2009 Law Society tariff. The first defendant's belated objections and shifting defences lacked credibility and evidential support. The court held that the fee was properly and fairly calculated, and that no valid special defence was established. The plaintiffs fulfilled their mandate, and the first defendant is liable for the full claimed amount, with interest and costs.

Court Disposition

Judgment in favour of the plaintiffs jointly against the first defendant for the full claimed amount, with interest and costs.

Orders

  • The first defendant's special plea is dismissed.
  • Judgment is granted in favour of the plaintiffs jointly against the first defendant for R1,476,134.