South Africa Case Law

Tshwarisano Trading CC v Sibonga Intuthuko Construction CC (59854/2011)

Tshwarisano Trading CC v Sibonga Intuthuko Construction CC (59854/2011) [2019] ZAGPPHC 130 (17 April 2019)

Court

North Gauteng High Court, Pretoria

Case number

59854/2011

Judge

E.M. Kubushi

The court found that the plaintiff proved on a balance of probabilities that it performed the work/services stipulated in the subcontract agreement. The evidence established that the plaintiff sourced and employed local labourers who physically completed the trench excavation, house connection, and backfilling, using machinery provided by the defendant. The defendant's version was uncorroborated and contradicted by the evidence of the plaintiff's witnesses, whose testimony was not challenged in cross-examination. The court accepted that the defendant paid salaries directly to the plaintiff's…

Source excerpt

• Subcontractor Liability
• Specific Performance
• Proof Of Performance
• Contractual Dispute

Beckham Investments (Pty) Limited v Kylekim Creators CC (2839/2005)

Beckham Investments (Pty) Limited v Kylekim Creators CC (2839/2005) [2007] ZAKZHC 23 (16 October 2007)

Court

High Courts - Kwazulu Natal

Case number

2839/2005

Judge

Swain

The court held that the plaintiff failed to prove a stricter delivery term and dismissed the damages claim, finding the defendant had delivered in terms of the agreement.

• Contractual Delivery
• Proof Of Performance
• Damages For Breach
• Allocation Of Onus
• Specific Performance
• Contract-law