LME Plant Hire (Pty) Ltd v African Exploration Mining and Finance Corporation SOC Ltd (2022-038688) [2023] ZAGPJHC 1181 (16 October 2023)

begin wrapper begin container begin header begin slogan-floater end slogan-floater - About SAFLII About SAFLII - Databases Databases - Search Search - Terms of Use Terms of Use - RSS Feeds RSS Feeds end header begin main begin center # South Africa: South Gauteng High Court, Johannesburg South Africa: South Gauteng High Court, Johannesburg You are here: SAFLII >> Databases >> South Africa: South Gauteng High Court, Johannesburg >> 2023 >> [2023] ZAGPJHC 1181 | Noteup | LawCite sino index ## LME Plant Hire (Pty) Ltd v African Exploration Mining and Finance Corporation SOC Ltd (2022-038688) [2023] ZAGPJHC 1181 (16 October 2023) LME Plant Hire (Pty) Ltd v African Exploration Mining and Finance Corporation SOC Ltd (2022-038688) [2023] ZAGPJHC 1181 (16 October 2023) Download original files PDF format RTF format make_database: source=/home/saflii//raw/ZAGPJHC/Data/2023_1181.html sino date 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 sino noindex make_database footer start