Coachmans Steak Ranch (Pty) Limited and Another v SA Retail Properties (Pty) Limited and Another (57062/16) [2018] ZAGPPHC 727 (9 March 2018)

Coachmans Steak Ranch (Pty) Limited and Another v SA Retail Properties (Pty) Limited and Another (57062/16) [2018] ZAGPPHC 727 (9 March 2018)

The court found that the settlement agreement, although poorly drafted, was intended to allow the first respondent to enforce its claims for future rental without delay. The phrase 'anyone payment' in clause 6 was interpreted to include payments for future rental as well as the six listed amounts. The respondent had complied with the notice requirements under clause 6 regarding the unpaid January rental, thereby satisfying the jurisdictional prerequisites for executing the warrants of eviction and attachment. The applicants did not dispute the quantum for which execution was sought. Accordingly, the application to set aside the warrants failed, and costs were awarded to the respondent on...

Citation
[2018] ZAGPPHC 727
Parties
Applicant: Coachmans Steak Ranch (Pty) Limited; Applicant: Nicola Englezakis; Respondent: SA Retail Properties (Pty) Limited; Respondent: Sheriff of the High Court Sandton North
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
9 March 2018
Case Number
57062/16
Procedural Posture
Urgent Application / Application to Set Aside Warrants of Attachment and Eviction
Outcome
Application dismissed with costs on an attorney and client scale.
Judges
Tuchten
Legal Topics
Settlement Agreement Interpretation, Eviction Proceedings, Warrants of Attachment, Lease Dispute, Attorney and Client Costs
Civil Procedure Commercial and Corporate Settlement Agreement Interpretation Eviction Proceedings Warrants of Attachment Lease Dispute Attorney and Client Costs

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Coachmans Steak Ranch (Pty) Limited

Applicant

Nicola Englezakis

Applicant

SA Retail Properties (Pty) Limited

Respondent

Sheriff of the High Court Sandton North

Respondent

Procedural Posture

Urgent Application / Application to Set Aside Warrants of Attachment and Eviction

Legal Issues

  1. 1 Whether the warrants of attachment and eviction were lawfully executed under the settlement agreement.
  2. 2 Whether clause 6 of the settlement agreement entitled the first respondent to execute for unpaid rental as well as the listed payments.
  3. 3 Whether the applicants' failure to pay rental triggered the respondent's right to evict and attach.

Ratio Decidendi

The court found that the settlement agreement, although poorly drafted, was intended to allow the first respondent to enforce its claims for future rental without delay. The phrase 'anyone payment' in clause 6 was interpreted to include payments for future rental as well as the six listed amounts. The respondent had complied with the notice requirements under clause 6 regarding the unpaid January rental, thereby satisfying the jurisdictional prerequisites for executing the warrants of eviction and attachment. The applicants did not dispute the quantum for which execution was sought. Accordingly, the application to set aside the warrants failed, and costs were awarded to the respondent on...

Court Disposition

Application dismissed with costs on an attorney and client scale.

Orders

  • The application is dismissed.
  • The applicants, jointly and severally, must pay the first respondent's costs in the application on the scale as between attorney and client.