Sonqishe v Willy Black Motors (Pty) Ltd t/a Delmas Nissan (74042/2014)
Sonqishe v Willy Black Motors (Pty) Ltd t/a Delmas Nissan (74042/2014) [2015] ZAGPPHC 962 (11 August 2015)
The court found that the applicant's evidence of payment via bank guaranteed cheques to the respondent's employees was undisputed and corroborated by documentary evidence. The respondent's defence, based on hearsay and unsupported allegations of fraud involving a third party, was rejected as implausible and inadmissible. The respondent was contractually obliged to deliver the vehicle or, upon cancellation, to repay the deposit. The respondent's failure to do so entitled the applicant to repayment with interest. The court further held that the respondent's conduct warranted a punitive costs or…
Source excerpt
- Contract Cancellation
- Deposit Repayment
- Inadmissible Hearsay
- Scope Of Employment