CIVIL PRACTICE – ABSOLUTION AT CLOSE OF PLAINTIFF’S CASE – COURT APPLYING TRITE TEST – WHETHER REASONABLE COURT SATISFIED THAT PLAINTIFF HAS ESTABLISHED PRIMA FACIE CASE REQUIRING ANSWER FROM THE DEFENDANT. Hans v Silver Lining Investments and Properties (Pty) Ltd NAHCMD (26 April 2023)

The plaintiff, a building owner, entered into a building contract with the second defendant. The plaintiff had had an initial contract with Nathan Auala who represented his company, Silver Lining Investment Properties (Pty) Ltd (SLIP) (the first defendant). In subsequent emails to the plaintiff, Aula informed the plaintiff that he and Guy van den Berg (the second defendant, who represented JL Group Co (Pty) Ltd and who was SLIP’s contact person) were partners. He assured the plaintiff of quality workmanship that was ‘fairly priced’. The claim of the plaintiff, the building owner,  was primarily this: An order confirming the . . .

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