And That's That ...

This case involves a woman claimant, and male defendant.

The proceedings were rather heated and hectic, and the defendant gave me an uneasy feeling that he would "take me on" if I identified him.

Although I am legally entitled to do so, I have not got corporate financial backing, and to keep myself out of trouble I decided that discretion was definitely the better part of valour - no names, no packdrill, as they say.

I thus refer to them as "he" and "she" ... here goes ...

He and she had everything going for their partnership business, supplying restaurants with smoked foods.

She did the marketing, and he the smoking of food.

The venture took off alright, but the “wheels came off” because they were unable to produce the food fast enough.

She told the court: “He wasn’t as enthusiastic and involved in the business as I was.

“One of our clients, a restaurant, ran out of smoked food, and I informed him, but he said they would just have to wait.

The restaurant said they were not interested in people who were not reliable.”

She said she terminated the partnership and offered to buy him out, but he refused.

She added: “I wanted to split it so that we both came out of it fairly.”

He countered: “I have damage as well as a smoking shed on my property.

“I want to be back where I was before we started.”

Commissioner Raubenheimer told him: “You must pay her half of what you’ve got, and vice versa.”

The Commissioner said the case involved a R29000 counter-claim, which was in excess of the small claims R12000 jurisdiction.”

She said she wanted 50% of everything, but he countered: “We both lost R14000 – you can’t just take 50% of everything.”

As the Commissioner recorded his ruling – that they sell the assets and share the cash – she lamented: “I’m afraid that he will sabotage the equipment before I can get to it.”

He hit back: “Why don’t you grow up!”

As they flew into each other, the Commissioner said in a raised voice: “Enough’s enough!”

He said he could not get involved in their dispute, and concluded: “You split the assets and share the cash – that’s that.”