WRT Silo 2 (Pty) Ltd v Bouwer Contracting (Pty) Ltd and Another (4616/2024) [2025] ZAFSHC 35 (7 February 2025)

WRT Silo 2 (Pty) Ltd v Bouwer Contracting (Pty) Ltd and Another (4616/2024) [2025] ZAFSHC 35 (7 February 2025)

The court found that a material dispute of facts existed regarding the quantum of the applicant's claim, the alleged damages and expenses incurred by the respondents, and the calculation of arrear rental. The respondents' defences were not bald or uncreditworthy and raised genuine issues that could not be resolved on affidavit. The applicant conceded that referral to oral evidence was appropriate. The court held that the issue of the respondents' indebtedness to the applicant should be referred to oral evidence and tried by way of action, with the affidavits standing as pleadings. The costs of the application were reserved for determination at trial. The court also condoned the late...

Citation
[2025] ZAFSHC 35
Parties
Applicant: WRT Silo 2 (Pty) Ltd; Respondent: Bouwer Contracting (Pty) Ltd; Respondent: Johannes Gerhardus Bester
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
7 February 2025
Case Number
4616/2024
Procedural Posture
Civil Application / Motion Proceedings; Referral to Oral Evidence
Outcome
Application granted in part; issue of respondents' indebtedness referred to oral evidence and trial; costs reserved.
Judges
Mpama AJ
Legal Topics
Rent to Own Agreement, Material Dispute of Facts, Set Off, Suretyship, Motion Proceedings, Referral to Oral Evidence
Commercial and Corporate Civil Procedure Rent to Own Agreement Material Dispute of Facts Set Off Suretyship Motion Proceedings Referral to Oral Evidence

Case Brief

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Parties

WRT Silo 2 (Pty) Ltd

Applicant

Bouwer Contracting (Pty) Ltd

Respondent

Johannes Gerhardus Bester

Respondent

Procedural Posture

Civil Application / Motion Proceedings; Referral to Oral Evidence

Legal Issues

  1. 1 Whether the respondents are indebted to the applicant for arrear rental under rent-to-own agreements.
  2. 2 Whether there is a material dispute of facts that cannot be resolved on affidavit.
  3. 3 Whether the respondents are entitled to set off alleged damages against the applicant's claim.

Ratio Decidendi

The court found that a material dispute of facts existed regarding the quantum of the applicant's claim, the alleged damages and expenses incurred by the respondents, and the calculation of arrear rental. The respondents' defences were not bald or uncreditworthy and raised genuine issues that could not be resolved on affidavit. The applicant conceded that referral to oral evidence was appropriate. The court held that the issue of the respondents' indebtedness to the applicant should be referred to oral evidence and tried by way of action, with the affidavits standing as pleadings. The costs of the application were reserved for determination at trial. The court also condoned the late...

Court Disposition

Application granted in part; issue of respondents' indebtedness referred to oral evidence and trial; costs reserved.

Orders

  • The application is granted as per prayers 2.1 to 2.5 of the notice of motion.
  • The issue of the first and second respondents' indebtedness to the applicant is referred to oral evidence and to be tried by way of action.