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 		             RESPONDENT
FINANCE CORPORATION SOC LIMITED
(Registration Number: 1944/018018/30)
       			          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