Community Property Company (Pty) Ltd v E.E. Trading Enterprise CC t/a E.E. Enterprise (7680/2014) [2014] ZAGPPHC 882 (24 October 2014)

Community Property Company (Pty) Ltd v E.E. Trading Enterprise CC t/a E.E. Enterprise (7680/2014) [2014] ZAGPPHC 882 (24 October 2014)

The court found that the applicant, Community Property Company (Pty) Ltd, was the lawful landlord and had locus standi to bring the eviction application. The deponent to the founding affidavit was properly authorised to depose to the affidavit, as the institution of proceedings was authorised by the applicant. The lease agreement's term was to be interpreted as per the written contract, commencing 1 June 2010 and terminating 31 May 2013, with any subsequent occupation being on a month-to-month basis that was terminated. The respondent's attempts to introduce parol evidence and attorney opinion were rejected. The applicant was not obliged to consent to a renewal of the lease, and the...

Citation
[2014] ZAGPPHC 882
Parties
Applicant: Community Property Company (Pty) Ltd; Respondent: E.E. Trading Enterprise CC t/a E.E. Enterprise
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
24 October 2014
Case Number
7680/2014
Procedural Posture
Urgent Application / Application for Eviction Order
Outcome
Application granted. Eviction order issued against respondent.
Judges
F Diedericks
Legal Topics
Eviction, Lease Interpretation, Locus Standi, Authority to Depose, Parol Evidence Rule
Land and Property Civil Procedure Eviction Lease Interpretation Locus Standi Authority to Depose Parol Evidence Rule

Case Brief

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Parties

Community Property Company (Pty) Ltd

Applicant

E.E. Trading Enterprise CC t/a E.E. Enterprise

Respondent

Procedural Posture

Urgent Application / Application for Eviction Order

Legal Issues

  1. 1 Whether the applicant has locus standi to bring the eviction application.
  2. 2 Whether the deponent to the founding affidavit was properly authorised to depose to the affidavit on behalf of the applicant.
  3. 3 Whether the lease agreement's term should be interpreted as per the written contract or as contended by the respondent.

Ratio Decidendi

The court found that the applicant, Community Property Company (Pty) Ltd, was the lawful landlord and had locus standi to bring the eviction application. The deponent to the founding affidavit was properly authorised to depose to the affidavit, as the institution of proceedings was authorised by the applicant. The lease agreement's term was to be interpreted as per the written contract, commencing 1 June 2010 and terminating 31 May 2013, with any subsequent occupation being on a month-to-month basis that was terminated. The respondent's attempts to introduce parol evidence and attorney opinion were rejected. The applicant was not obliged to consent to a renewal of the lease, and the...

Court Disposition

Application granted. Eviction order issued against respondent.

Orders

  • The respondent and all persons occupying the property through or under the respondent are ordered to vacate SHOP 68, Central City Shopping Centre, Stand 425, Unit E, Mabopani, Pretoria forthwith.
  • The Sheriff of the Court is authorised to evict the respondent from the property.