Beaux Lane (SA) Properties (Pty) Limited v Marais (01653/13) [2015] ZAGPJHC 52 (13 March 2015)

Beaux Lane (SA) Properties (Pty) Limited v Marais (01653/13) [2015] ZAGPJHC 52 (13 March 2015)

The court found that the defendant, as sole member of the tenant close corporation, knowingly signed the lease agreement and the deed of suretyship. The suretyship clause was clearly highlighted, separately headed, and initialled twice by the defendant, who had been informed in advance that a suretyship would be required. The defendant's claim of mistake was rejected as being due to his own recklessness and inattention, and not a just or reasonable error. The written agreement complied with section 6 of the General Law Amendment Act, and the defendant's defences under the Consumer Protection Act and the GLAA were found to be without merit. The plaintiff succeeded in proving its case on a...

Citation
[2015] ZAGPJHC 52
Parties
Plaintiff: Beaux Lane (SA) Properties (Pty) Limited; Defendant: Albertus Christiaan Marais
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
13 March 2015
Case Number
01653/13
Procedural Posture
Civil Trial / Final Judgment
Outcome
Judgment for the plaintiff. Defendant held personally liable for the amounts claimed, less the deposit paid.
Judges
D S S Moshidi
Legal Topics
Suretyship, Lease Agreement, Personal Liability, General Law Amendment Act, Consumer Protection Act
Commercial and Corporate Land and Property Suretyship Lease Agreement Personal Liability General Law Amendment Act Consumer Protection Act

Case Brief

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Parties

Beaux Lane (SA) Properties (Pty) Limited

Plaintiff

Albertus Christiaan Marais

Defendant

Procedural Posture

Civil Trial / Final Judgment

Legal Issues

  1. 1 Whether the defendant was aware of the deed of suretyship when signing the lease agreement.
  2. 2 Whether the defendant attracted personal contractual liability by signing the deed of suretyship.
  3. 3 Whether the defendant was misled or mistaken in signing the suretyship clause.

Ratio Decidendi

The court found that the defendant, as sole member of the tenant close corporation, knowingly signed the lease agreement and the deed of suretyship. The suretyship clause was clearly highlighted, separately headed, and initialled twice by the defendant, who had been informed in advance that a suretyship would be required. The defendant's claim of mistake was rejected as being due to his own recklessness and inattention, and not a just or reasonable error. The written agreement complied with section 6 of the General Law Amendment Act, and the defendant's defences under the Consumer Protection Act and the GLAA were found to be without merit. The plaintiff succeeded in proving its case on a...

Court Disposition

Judgment for the plaintiff. Defendant held personally liable for the amounts claimed, less the deposit paid.

Orders

  • The defendant shall pay to the plaintiff the sum of R228,538.12, including interest at the rate of 11% per annum a tempore morae to date of final payment.
  • The defendant shall pay to the plaintiff the sum of R44,673.75 at the legal rate of interest from the date of service of summons to the date of payment.