IN THE HIGH COURT OF SOUTH AFRICA
: MPUMALANGA DIVISION, MBOMBELA (MAIN SEAT)
CASE NO: 2045/24
REPORTABLE: YES / NO
OF INTEREST TO OTHER JUDGES: YES/NO
i REVISED: YES/NO
DATE SIGNATURE
In the matter between:
LONA CITRUS (PTY) LTD Applicant
and
VUTSELA IGLOBHU INVESTMENTS (PTY) LTD Respondent
: JUDGMENT
MONTSHO-MOLOISANE AJ
[1] This matter came before Court by way of motion. In the Notice of motion, the
| Applicant seeks a monetary judgment against the Respondent in the following
: terms:
1.1. Payment of the sum of R 2 864 562.56%
i 1.2, Interest on the said amount at prime rate plus 2% per annum from 01
| March 2024 to date of payment in full;
: 1.3, Costs of suit.
| {2.) The Respondent opposes the application, and denies any indebtedness to the
| Applicant.
k
| Factual matrix
i (3.] The contractual relationship between the Applicant and the Respondent
commenced on or about 11 February 2024 at Sandton, Johannesburg,
Gauteng province, when the Applicant, represented by its director, Derek
Sutton, and the Respondent, represented by its director, Mpho Maepa,
entered into a Marketing Agreement (“the Agreement’), in terms of which the
i Respondent undertook to supply fruits which meet the relevant quality
: requirements and specifications, to be exported to another country, as
determined and notified by the Applicant from time to time.
2
The Marketing Agreement
[4] The express and material terms of the Agreement concluded by the parties
: were that:
: 4.1, the Respondent as the Supplier, agreed to appoint the Applicant to
| export and market the Respondent's citrus fruit for the duration of the
Agreement on the terms and conditions set out in Clauses 2.1 and
41.1.2 thereof;
i
| 4.2. in terms of Clauses 3.1 and 1.1.5 thereof, the Agreement commenced
on the date of signature, and continued for the duration of the 2021
:
| citrus season;
4.3. the Agreement would terminate when the volumes committed were
E
i packed and amounts owing by the Respondent as the supplier, to the
Applicant, were paid in full, as contemplated in Clause 3.2 of the
Agreement the Applicant undertook to pay for the packaging material
and transport, relating to its Export Fruit, on behalf of the Respondent;
: and
4.4. furthermore, in terms of Clause 4.1 the Applicant would be entitled to
recover the costs of the packing material and the costs of transporting
: the packaging materia! from the proceeds derived from the sale of the
Respondent's fruit, in terms of Clause 4.2;
: 3