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[2012] ZAFSHC 238
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Gariep Municipality, Burgersdorp v Nucon Roads & Civils (Pty) Ltd (2516/2012) [2012] ZAFSHC 238 (13 December 2012)
FREE STATE HIGH
COURT, BLOEMFONTEIN
REPUBLIC OF SOUTH
AFRICA
Case No.: 2516/2012
In the matter between:-
GARIEP
MUNICIPALITY, BURGERSDORP
............................
Applicant
and
NUCON ROADS &
CIVILS (PTY) LTD
.................................
Respondent
_____________________________________________________
JUDGMENT BY:
KRUGER, J
_____________________________________________________
DELIVERED ON:
13 DECEMBER 2012
_____________________________________________________
[1] This is an
application for leave to appeal against my judgment of 8 November
2012. By agreement counsel filed written heads
of argument and the
application was disposed of in chambers as contemplated in
LAW
SOCIETY, NORTHERN PROVICE V MOGAMI
2010 (1) SA 186
(SCA) par
[3].
[2] The main point raised
by Mr. Sandi, for Applicant, is that of jurisdiction. Mr. Sandi
contends that because payment is made
by means of electronic transfer
from applicant’s account at Burgersdorp, that is where payment
is made. That submission is
not correct. Payment means the receipt of
payment, by the creditor. According to the contract payment is to be
made into respondent’s
account at Bloemfontein. It is
irrelevant from where the debtor pays. Payment is made at
Bloemfontein, in the jurisdiction of this
court. I addressed all
points raised by the applicant in the judgement. In my view there are
no reasonable prospects of success
on appeal.
[3]
ORDER
The
application for leave to appeal is dismissed with costs.
____________
A KRUGER, J
On behalf of the
applicant: Adv. N. J. Sandi
Instructed by:
Honey Attorneys
BLOEMFONTEIN
On behalf of the
respondent: Adv. N. Snellenburg
Instructed by:
Rossouws Attorneys
BLOEMFONTEIN
/wm