3
IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION, JOHANNESBURG
CASE NO: 2022-038688
1. Reportable: No 2. Of interest to other judges: No 3. Revised Wright J 16 October 2023 |
In the matter between:
LME PLANT HIRE (PTY) LIMITED Applicant
and
AFRICAN EXPLORATION MINING AND RESPONDENT
FINANCE CORPORATION SOC LIMITED
(Registration Number: 1944/018018/30)
JUDGMENT
WRIGHT J
1. The applicant launched the present application for payment of R31m, interest and costs.
2. It claimed that it was owed this money by the respondent for mining equipment leased by the applicant to the respondent.
3. The answering affidavit raises huge disputes of fact, for example relating to the authority of the person who allegedly bound the respondent in contracting with the applicant. The point is taken by the respondent that the respondent is wholly owned by the state and that correct tender procedure was not followed.
4. The applicant then changed tack. In a supplementary affidavit it sought to introduce a new cause of action, coupled with a major proposed amendment, that it is just and equitable that it be paid the amount claimed.
5. In my view, this case cries out for a trial preceded by detailed pleadings, full discovery, possibly expert notices and then a trial.
ORDER
1. The notion of motion stands as a simple summons.
2. The notice of intention to oppose stands as a notice to defend.
3. The applicant is to deliver a declaration by 30 November 2023.
4. Thereafter, the matter proceeds as a trial action.
5. Costs reserved.
_______________
GC Wright
Judge of the High Court
Gauteng Division, Johannesburg
HEARD : 16 October 2023
DELIVERED : 16 October 2023
APPEARANCES :
APPLICANT Adv Adrian Friedman
0833085354
Instructed by Schindlers Si Attorneys
bowes@schindlers.co.za / osher@schindlers.co.za
011 448 9600
RESPONDENTS Adv Sazi M Tisani
072 213 2300
Instructed by Diale Mogashoa Attorneys
donald@dm-inc.co.za / precious@dm-inc.co.za
012 346 5436