Even Properties CC v Waseem Auto CC and Others (2022/13715) [2023] ZAGPJHC 93 (7 February 2023)

Even Properties CC v Waseem Auto CC and Others (2022/13715) [2023] ZAGPJHC 93 (7 February 2023)

The court found that the first respondent breached the lease agreement by failing to pay rental and ancillary expenses, justifying cancellation of the agreement and eviction from the premises. The first respondent did not oppose the application, and the second respondent, having passed away, could not be held liable until substituted by his estate's executor. The third respondent's liability as surety and the quantum of the debt were not clear on the papers and required determination at trial. The court ordered eviction of the first respondent and referred the claim for arrear rental and ancillary expenses, as well as the third respondent's liability, to trial. Costs were awarded against...

Citation
[2023] ZAGPJHC 93
Parties
Applicant: Even Properties CC; Respondent: Waseem Auto CC; Respondent: Mehmood Ali; Respondent: Raheel Humair
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
7 February 2023
Case Number
2022/13715
Procedural Posture
Urgent Application / Judgment on Application for Eviction and Arrear Rental; Referral of Quantum and Surety Liability to Trial
Outcome
Eviction of the first respondent granted; claim for arrear rental and ancillary expenses and third respondent's liability referred to trial.
Judges
Strydom
Legal Topics
Eviction of Commercial Tenant, Lease Agreement Breach, Suretyship Liability, Quantum of Debt, Referral to Trial
Land and Property Civil Procedure Eviction of Commercial Tenant Lease Agreement Breach Suretyship Liability Quantum of Debt Referral to Trial

Case Brief

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Parties

Even Properties CC

Applicant

Waseem Auto CC

Respondent

Mehmood Ali

Respondent

Raheel Humair

Respondent

Procedural Posture

Urgent Application / Judgment on Application for Eviction and Arrear Rental; Referral of Quantum and Surety Liability to Trial

Legal Issues

  1. 1 Whether the first respondent should be evicted from the commercial premises due to breach of the lease agreement.
  2. 2 Whether the applicant is entitled to recover arrear rental and ancillary expenses from the respondents.
  3. 3 Whether the third respondent is liable as surety and co-principal debtor under the lease agreement.

Ratio Decidendi

The court found that the first respondent breached the lease agreement by failing to pay rental and ancillary expenses, justifying cancellation of the agreement and eviction from the premises. The first respondent did not oppose the application, and the second respondent, having passed away, could not be held liable until substituted by his estate's executor. The third respondent's liability as surety and the quantum of the debt were not clear on the papers and required determination at trial. The court ordered eviction of the first respondent and referred the claim for arrear rental and ancillary expenses, as well as the third respondent's liability, to trial. Costs were awarded against...

Court Disposition

Eviction of the first respondent granted; claim for arrear rental and ancillary expenses and third respondent's liability referred to trial.

Orders

  • The first respondent and all those occupying by, through or under the first respondent are ejected forthwith from the commercial premises at Erf No. 3[...], Portion No. […], Booysens Reserve, Johannesburg.
  • The Sheriff or deputy is authorised to eject the first respondent and all those occupying by, through or under the first respondent from the premises.