Amaris Game Breeders (Pty) Ltd v Bowkon (Pty) Ltd
| Jurisdiction | http://justis.com/jurisdiction/166,South Africa |
| Judge | Reid J |
| Judgment Date | 19 September 2023 |
| Citation | 2023 JDR 3599 (NWM) |
| Hearing Date | 15 August 2023 |
| Docket Number | 343/2021 |
| Court | North West Division, Mahikeng |
Reid J:
Introduction:
This matter has been set down for two (2) days trial, as per the order of Petersen J dated 30 November 2022 for the trial to proceed on both merits and quantum.
This is a contractual claim in terms of which the defendant
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Reid J
would provide a turnkey solution to the plaintiff in performing construction of a guest lodge on the farm Klaarstroom 267, Groot Marico, North West. The agreement between the parties was oral, and were entered into on / about June 2018 at or near Groot Marico, North West Province and the parties were duly represented.
The plaintiff’s claim against the defendant is vested on two (2) grounds:
Unjust enrichment in the amount of R709,072.17 (Seven Hundred and Nine Thousand Seventy Two Rand and Seventeen Cents); and
Damages suffered in the construction project in the amount of R1,881,081.94 (One million Eight Hundred and Eighty-One Thousand and Eighty One Rand and Ninety Four Cents).
Adv SM van Vuren appeared on behalf of the plaintiff. On the date of the hearing there was no representative on behalf, and the defendant was also not present in Court. The notice of Set
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Reid J
Down has been served on the defendant and I am satisfied that the defendant has knowledge of the proceedings.
Material factual background
The defendant was to perform construction works per the amended bill of quantities the remuneration for due and full performance of the agreement was R3,999,6150.00 (Three million Nine Hundred and Ninety Nine Thousand Six Hundred and Fifteen Rand).
The defendant submitted various bills of quantities to the plaintiff and the plaintiff has made payment to the defendant in the amount of R4,708,687.17 (Four million Seven Hundred and Eight Thousand Six Hundred and Eighty Seven rand and Seventeen Cents).
Claim 1: Unjust Enrichment
Adv van Vuren who appeared on behalf of the plaintiff submitted that the plaintiff made the payments in the reasonable and bona fide belief that the payments were due, owing and payable to the defendant.
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Reid J
The plaintiff consequently overpaid the defendant in the amount of R709,072.17 (Seven Hundred and Nine Thousand Seventy Two Rand and Seventeen Cents).
As such, the defendant was enriched at the expense of the plaintiff which was impoverished in the amount of R R709,072.17 (Seven Hundred and Nine Thousand Seventy Two Rand and Seventeen Cents).
Adv van Vuren placed before court the documents that reflect the bill of quantity as well as the amount that was paid.
I am satisfied that the defendant is indebted to the plaintiff in the amount of R709,072.17 (Seven Hundred and Nine Thousand Seventy Two Rand and Seventeen Cents) on the basis of unjust enrichment.
The first claim of the plaintiff is thus successful.
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Reid J
Claim 2: Contractual Damages
The plaintiff claims that the defendant failed to perform in terms of the oral construction agreement and specifically failed to perform in a workmanlike and effective manner. The plaintiff has employed the services of a third party to complete the project and restore it in a workmanlike and effective manner.
In support of this claim, the plaintiff called Paul Badenhorst, a certified Projects / Site Manager as an expert witness. Mr Badenhorst testified that he took the photo’s that are attached in the court documents, which reflect the work done by the defendant.
Mr Badenhorst testified that he has the following work experience:
2018-2021: Consulting and contracting work on various trades in the construction industry;
2014-2017: Project Manager-Developing Curro School Campusses Nationally. Contract expired end of October 2017.
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Reid J
Nationality Home Builders Registration Council “NHBRC” Qualified & Registered with 15 years of practical experience.
2011-2013: Joined medium size company as Construction Site Agent for the Construction of School Campusses for the Curro Holdings Private School Group currently listed on the Johannesburg Stock Exchange.
2007-2010: Developing of 150 affordable housing units and 2 x luxury speculation houses at Midstream Estate Centurion.
1990-2006: Self employed
Entrepreneur/ businessman / Imports and Exports Manufacturing for the building industry Developing of own factory complex
1988-1989: 2 years articles at a Auditfirm in the Accounting and Business Management Skills Training
PERSONAL INFORMATION
DATE OF BIRTH: 12 MARCH 1964
ID NO: 6403125016089
NATIONALITY: SA CITIZEN
LANGUAGE: AFRIKAANS/ ENGLISH
GENDER: MALE
RELIGION: CHRISTIAN
AGE: 57
ADDRESS: 46 ALLCOCK STREET, COLBYN, PRETORIA, GAUTENG, SOUTH AFRICA
CONTACT NO:
EMAIL: pauljbadenhorst@gmail.com
HEALTH: EXCELLENT
HOBBIES & INTERESTS: FISHING,HUNTING,MOTORCYCLING, GOLF, CAMPING, OUTDOOR ACTIVITIES.
WORK EXPERIENCE
Mr...
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