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2023
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[2023] ZAGPJHC 1181
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LME Plant Hire (Pty) Ltd v African Exploration Mining and Finance Corporation SOC Ltd (2022-038688) [2023] ZAGPJHC 1181 (16 October 2023)
IN
THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION,
JOHANNESBURG
CASE
NO: 2022-038688
NOT REPORTABLE
NOT OF INTEREST TO
OTHER JUDGES
REVISED
16/10/23
In the matter between:
LME
PLANT HIRE (PTY) LIMITED
APPLICANT
And
AFRICAN
EXPLORATION MINING AND
FINANCE
CORPORATION SOC LIMITED
(Registration
Number: 1944/018018/30)
RESPONDENT
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
friedman@group621.co.za
0833085354
Instructed
by
Schindlers
Si Attorneys
bowes@schindlers.co.za
/
osher@schindlers.co.za
011 448 9600
RESPONDENTS
Adv
Sazi M Tisani
sazitisani@advocates.co.za
sazitisani@lawcircle.co.za
072 213 2300
Instructed
by
Diale
Mogashoa Attorneys
donald@dm-inc.co.za
/
precious@dm-inc.co.za
012 346 5436