Blake and Another v MSI Systems and Technologies (Pty) Ltd and Others (2203/2024) [2024] ZALMPPHC 183 (18 November 2024)

Blake and Another v MSI Systems and Technologies (Pty) Ltd and Others (2203/2024) [2024] ZALMPPHC 183 (18 November 2024)

The respondents' lawful occupation ended in December 2023, and they had no legal basis to remain on the property thereafter. Their continued occupation necessitated the applicants' institution of legal proceedings. The lease agreement expressly provides for costs on an attorney and client scale in such circumstances. No facts were placed before the court to justify a departure from the contractual costs provision. The opposition was not bona fide, as the respondents failed to vacate the premises when their lawful tenure ended. The applicants are therefore contractually entitled to recover their costs on the attorney and client scale.

Citation
[2024] ZALMPPHC 183
Parties
Applicant: Gareth Andrew Blake; Applicant: Sonja Blake; Respondent: MSI Systems and Technologies (Pty) Ltd; Respondent: Riaan Moorcroft; Respondent: Maropeng Frans Chauke; Respondent: Sebawa Johannes Moshoana; Respondent: Maureen Moorcroft; Respondent: Ben Botha; Respondent: Abraham Roestof; Respondent: Kate Chauke; Respondent: All unlawful occupants of Portion 57 of the Farm Baskoppie 997, L.S. Limpopo; Respondent: Polokwane Local Municipality
Court
Limpopo High Court, Polokwane
Jurisdiction
South Africa
Judgment Date
18 November 2024
Case Number
2203/2024
Procedural Posture
Urgent Application / Costs Determination Following Eviction Order
Outcome
Costs awarded against the First to Ninth Respondents, jointly and severally, on an attorney and client scale.
Judges
M Bresler
Legal Topics
Eviction, Lease Agreement, Attorney and Client Costs, Unlawful Occupation
Land and Property Civil Procedure Eviction Lease Agreement Attorney and Client Costs Unlawful Occupation

Case Brief

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Parties

Gareth Andrew Blake

Applicant

Sonja Blake

Applicant

MSI Systems and Technologies (Pty) Ltd

Respondent

Riaan Moorcroft

Respondent

Maropeng Frans Chauke

Respondent

Sebawa Johannes Moshoana

Respondent

Maureen Moorcroft

Respondent

Ben Botha

Respondent

Abraham Roestof

Respondent

Kate Chauke

Respondent

All unlawful occupants of Portion 57 of the Farm Baskoppie 997, L.S. Limpopo

Respondent

Polokwane Local Municipality

Respondent

Procedural Posture

Urgent Application / Costs Determination Following Eviction Order

Legal Issues

  1. 1 Whether the respondents are liable for costs on an attorney and client scale following their eviction from the property.
  2. 2 Whether the lease agreement's costs clause should be enforced against the respondents.
  3. 3 Whether any equitable basis exists to depart from the contractual costs provision.

Ratio Decidendi

The respondents' lawful occupation ended in December 2023, and they had no legal basis to remain on the property thereafter. Their continued occupation necessitated the applicants' institution of legal proceedings. The lease agreement expressly provides for costs on an attorney and client scale in such circumstances. No facts were placed before the court to justify a departure from the contractual costs provision. The opposition was not bona fide, as the respondents failed to vacate the premises when their lawful tenure ended. The applicants are therefore contractually entitled to recover their costs on the attorney and client scale.

Court Disposition

Costs awarded against the First to Ninth Respondents, jointly and severally, on an attorney and client scale.

Orders

  • The First to Ninth Respondents, jointly and severally, the one paying the other to be absolved, are ordered to pay the costs of the Applicants on a scale as between Attorney and Client.