Zwart and Mansell NNO v Snobberie Cape Pty Ltd (261/82) [1984] ZASCA 18 (22 March 1984)

Zwart and Mansell NNO v Snobberie Cape Pty Ltd (261/82) [1984] ZASCA 18 (22 March 1984)

The Supreme Court of Appeal found that the respondent failed to discharge the onus of proving the alleged agreed prices for goods sold and delivered to Mrs Beckerling, as well as for work done on jeans. The respondent's case depended almost entirely on the evidence of Mr Wessels, whose credibility was seriously undermined by contradictions and lack of corroboration. The absence of proper business records and contemporaneous documentation further weakened the respondent's position. The court held that the lack of challenge to Wessels's evidence on price during cross-examination did not, in the circumstances, amount to acceptance of his testimony. The evidence of other witnesses did not...

Citation
[1984] ZASCA 18
Parties
Appellant: J B Zwart and V G Mansell NNO (executors testamentary in the Estate of the late Mrs M P Beckerling); Respondent: Snobberie (Cape) (Pty) Ltd
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
22 March 1984
Case Number
261/82
Procedural Posture
Civil Appeal / Appeal From Judgment of the Transvaal Provincial Division
Outcome
Appeal upheld. Order of the trial court set aside. Absolution from the instance with costs, including costs of two counsel.
Judges
Trengove, Cillié, Nicholas, Smuts, Grosskopf
Legal Topics
Sale of Goods, Burden of Proof, Credibility of Witnesses, Contractual Price Agreement
Commercial and Corporate Civil Procedure Sale of Goods Burden of Proof Credibility of Witnesses Contractual Price Agreement

Case Brief

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Parties

J B Zwart and V G Mansell NNO (executors testamentary in the Estate of the late Mrs M P Beckerling)

Appellant

Snobberie (Cape) (Pty) Ltd

Respondent

Procedural Posture

Civil Appeal / Appeal From Judgment of the Transvaal Provincial Division

Legal Issues

  1. 1 Whether the respondent proved the existence of agreements of sale and delivery of goods to Mrs Beckerling at the alleged prices.
  2. 2 Whether the respondent proved the existence and terms of a contract for work done on jeans, including the agreed price.
  3. 3 Whether the trial court erred in accepting the evidence of the respondent's witness regarding price and contract terms.

Ratio Decidendi

The Supreme Court of Appeal found that the respondent failed to discharge the onus of proving the alleged agreed prices for goods sold and delivered to Mrs Beckerling, as well as for work done on jeans. The respondent's case depended almost entirely on the evidence of Mr Wessels, whose credibility was seriously undermined by contradictions and lack of corroboration. The absence of proper business records and contemporaneous documentation further weakened the respondent's position. The court held that the lack of challenge to Wessels's evidence on price during cross-examination did not, in the circumstances, amount to acceptance of his testimony. The evidence of other witnesses did not...

Court Disposition

Appeal upheld. Order of the trial court set aside. Absolution from the instance with costs, including costs of two counsel.

Orders

  • The appeal is upheld with costs, including the costs of two counsel.
  • The order of the court a quo is set aside.