Anani Training Enterprise (PTY) LTD and Another v Transnet Limited and Others (2307/2016) [2018] ZANCHC 62 (21 May 2018)

Anani Training Enterprise (PTY) LTD and Another v Transnet Limited and Others (2307/2016) [2018] ZANCHC 62 (21 May 2018)

The court found that Anani Training proved ownership of the equipment, but Transnet was exempted from liability for its loss or release under the clear and unambiguous exemption clause in the lease, which covered both negligence and gross negligence. Transnet's conduct did not amount to negligence given Anani Training's abandonment of the premises and lack of communication. Mr Veldman, having removed equipment without Anani Training's consent, is liable to restore possession of all equipment he took. The alternative claim for payment of the equipment's value was rejected as the equipment was not lost or destroyed and its whereabouts were known. Transnet's counter-application for arrear...

Citation
[2018] ZANCHC 62
Parties
Applicant: Anani Training Enterprise (PTY) LTD; Applicant: Johannes Tlaishi Mothoa; Respondent: Transnet Limited; Respondent: Transnet Freight Rail; Respondent: Perguell Veldman
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Judgment Date
21 May 2018
Case Number
2307/2016
Procedural Posture
Civil Application / Judgment After Hearing on Main and Counter Applications
Outcome
Main application partially granted; first counter-application granted; second counter-application dismissed.
Judges
Phatshoane
Legal Topics
Lease Agreement, Exemption Clause, Unlawful Occupation, Prescription of Debt, Indemnity, Damages
Land and Property Commercial and Corporate Civil Procedure Lease Agreement Exemption Clause Unlawful Occupation Prescription of Debt Indemnity +1 more

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Parties

Anani Training Enterprise (PTY) LTD

Applicant

Johannes Tlaishi Mothoa

Applicant

Transnet Limited

Respondent

Transnet Freight Rail

Respondent

Perguell Veldman

Respondent

Procedural Posture

Civil Application / Judgment After Hearing on Main and Counter Applications

Legal Issues

  1. 1 Whether Anani Training proved ownership of the diamond-cutting equipment and whether Transnet and Mr Veldman are liable to restore possession.
  2. 2 Whether Anani Training is entitled to the alternative claim for payment of the equipment's value and joint liability of Transnet and Veldman.
  3. 3 Whether Transnet's liability is excluded by the exemption clause in the lease agreement.

Ratio Decidendi

The court found that Anani Training proved ownership of the equipment, but Transnet was exempted from liability for its loss or release under the clear and unambiguous exemption clause in the lease, which covered both negligence and gross negligence. Transnet's conduct did not amount to negligence given Anani Training's abandonment of the premises and lack of communication. Mr Veldman, having removed equipment without Anani Training's consent, is liable to restore possession of all equipment he took. The alternative claim for payment of the equipment's value was rejected as the equipment was not lost or destroyed and its whereabouts were known. Transnet's counter-application for arrear...

Court Disposition

Main application partially granted; first counter-application granted; second counter-application dismissed.

Orders

  • Mr Perguell Veldman is ordered to return to Anani Training Enterprise (Pty) Ltd all diamond-cutting equipment he removed from the leased premises within two days from the date of this order.
  • Mr Perguell Veldman is ordered to pay Anani Training Enterprise (Pty) Ltd and Mr Johannes Tlaishi Mothoa's costs in respect of the main application on a party and party scale.