Arrowgem Ltd v ALCM Solution (Pty) Ltd (8942/2021) [2022] ZAGPJHC 348 (17 May 2022)

Arrowgem Ltd v ALCM Solution (Pty) Ltd (8942/2021) [2022] ZAGPJHC 348 (17 May 2022)

The respondent admitted liability for arrear rental under both the first and second lease agreements but failed to dispute the quantum with any evidence. The applicant's certificate of balance stands unchallenged and is accepted as correct. The respondent's opposition to summary judgment was not supported by any valid defence or evidence. The damages claim for early cancellation of the lease is not liquidated and is subject to factual dispute; therefore, summary judgment is not appropriate for that portion and leave to defend is granted. Summary judgment is granted for the arrear rental and charges as claimed in Claims A and B, with interest and costs, and the lease agreement is confirmed...

Citation
[2022] ZAGPJHC 348
Parties
Applicant: Arrowgem Limited; Respondent: ALCM Solutions (Pty) Ltd
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
17 May 2022
Case Number
8942/2021
Procedural Posture
Summary Judgment Application / Application for Summary Judgment
Outcome
Summary judgment granted in favour of the applicant for arrear rental and charges; damages claim for early cancellation referred to trial.
Judges
M A Makume
Legal Topics
Summary Judgment, Lease Agreement, Arrear Rental, Damages, Cancellation of Contract
Civil Procedure Land and Property Summary Judgment Lease Agreement Arrear Rental Damages Cancellation of Contract

Case Brief

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Parties

Arrowgem Limited

Applicant

ALCM Solutions (Pty) Ltd

Respondent

Procedural Posture

Summary Judgment Application / Application for Summary Judgment

Legal Issues

  1. 1 Whether the applicant is entitled to summary judgment for arrear rental and charges under the lease agreement.
  2. 2 Whether the respondent has raised a bona fide defence to the applicant's claims.
  3. 3 Whether the damages claimed for early cancellation of the lease are liquidated and suitable for summary judgment.

Ratio Decidendi

The respondent admitted liability for arrear rental under both the first and second lease agreements but failed to dispute the quantum with any evidence. The applicant's certificate of balance stands unchallenged and is accepted as correct. The respondent's opposition to summary judgment was not supported by any valid defence or evidence. The damages claim for early cancellation of the lease is not liquidated and is subject to factual dispute; therefore, summary judgment is not appropriate for that portion and leave to defend is granted. Summary judgment is granted for the arrear rental and charges as claimed in Claims A and B, with interest and costs, and the lease agreement is confirmed...

Court Disposition

Summary judgment granted in favour of the applicant for arrear rental and charges; damages claim for early cancellation referred to trial.

Orders

  • Payment of the sum of R21,076.79.
  • Interest on R21,076.79 at 7% per annum a tempore morae.