Vurhonga Shuttle Services and Another v Afgri Poultry (Pty) Ltd t/a Daybreak Farms (50547/21) [2022] ZAGPPHC 639 (2 September 2022)

Vurhonga Shuttle Services and Another v Afgri Poultry (Pty) Ltd t/a Daybreak Farms (50547/21) [2022] ZAGPPHC 639 (2 September 2022)

The court found that the original agreement for payment per shuttle was terminated and replaced by a tacit agreement for payment per person. This conclusion was based on the applicants' conduct after the termination letter, including their continued provision of transport services with the understanding that payment would be per person, as communicated by the respondent. The applicants admitted the core facts relied on by the respondent to establish the tacit agreement. The court held that the applicants' subsequent conduct overrode their previous rejection of the new fee structure, and that the law requires consideration of conduct in determining the existence of a tacit agreement....

Citation
[2022] ZAGPPHC 639
Parties
Applicant: Vurhonga Shuttle Services; Applicant: Nyiko Asher Mnisi; Respondent: Afgri Poultry (Pty) Ltd t/a Daybreak Farms
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
2 September 2022
Case Number
50547/21
Procedural Posture
Urgent Application / First Instance Judgment
Outcome
Application dismissed with costs.
Judges
de Vos
Legal Topics
Contractual Interpretation, Tacit Agreement, Specific Performance, Interdict, Termination of Contract
Commercial and Corporate Civil Procedure Contractual Interpretation Tacit Agreement Specific Performance Interdict Termination of Contract

Case Brief

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Parties

Vurhonga Shuttle Services

Applicant

Nyiko Asher Mnisi

Applicant

Afgri Poultry (Pty) Ltd t/a Daybreak Farms

Respondent

Procedural Posture

Urgent Application / First Instance Judgment

Legal Issues

  1. 1 Whether the original agreement to pay per shuttle subsists or was terminated.
  2. 2 Whether a tacit agreement to pay per person was concluded between the parties.
  3. 3 Whether the applicants have a clear right to enforce payment per shuttle.

Ratio Decidendi

The court found that the original agreement for payment per shuttle was terminated and replaced by a tacit agreement for payment per person. This conclusion was based on the applicants' conduct after the termination letter, including their continued provision of transport services with the understanding that payment would be per person, as communicated by the respondent. The applicants admitted the core facts relied on by the respondent to establish the tacit agreement. The court held that the applicants' subsequent conduct overrode their previous rejection of the new fee structure, and that the law requires consideration of conduct in determining the existence of a tacit agreement....

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.