Geiger Enterprise (Pty) Ltd v Crestar Printers & Publishers (Pty) Ltd (26037/2021) [2022] ZAGPPHC 275 (21 April 2022)

Geiger Enterprise (Pty) Ltd v Crestar Printers & Publishers (Pty) Ltd (26037/2021) [2022] ZAGPPHC 275 (21 April 2022)

The court found that the applicant, Geiger Enterprise, had established ownership of the premises through the production of the original title deed and conveyancer's certificate, both of which referenced the sectional title scheme and plan. The respondent's denial of the existence of the scheme was based solely on an uncertified Windeed search, which does not constitute reliable evidence under the best evidence rule. The court held that there was no reasonable prospect that another court would find it more probable than not that no sectional title scheme exists. The respondent's assertion that it did not occupy the premises described in the applicant's title deed was contradicted by its...

Citation
[2022] ZAGPPHC 275
Parties
Applicant: Geiger Enterprise (Pty) Ltd; Respondent: Crestar Printers & Publishers (Pty) Ltd
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
21 April 2022
Case Number
26037/2021
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Eviction Order
Outcome
Application for leave to appeal dismissed with costs on the attorney and client scale.
Judges
N Davis
Legal Topics
Sectional Title Scheme, Eviction Order, Enrichment Lien, Best Evidence Rule, Business Rescue, Costs Award
Land and Property Civil Procedure Sectional Title Scheme Eviction Order Enrichment Lien Best Evidence Rule Business Rescue Costs Award

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Parties

Geiger Enterprise (Pty) Ltd

Applicant

Crestar Printers & Publishers (Pty) Ltd

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Eviction Order

Legal Issues

  1. 1 Whether the existence of Sectional Title Plan SS331/2020 was sufficiently proved to establish ownership of the premises.
  2. 2 Whether the respondent occupied the premises identified in the applicant's title deed.
  3. 3 Whether the timing of the respondent's assertion of a lien affects its validity.

Ratio Decidendi

The court found that the applicant, Geiger Enterprise, had established ownership of the premises through the production of the original title deed and conveyancer's certificate, both of which referenced the sectional title scheme and plan. The respondent's denial of the existence of the scheme was based solely on an uncertified Windeed search, which does not constitute reliable evidence under the best evidence rule. The court held that there was no reasonable prospect that another court would find it more probable than not that no sectional title scheme exists. The respondent's assertion that it did not occupy the premises described in the applicant's title deed was contradicted by its...

Court Disposition

Application for leave to appeal dismissed with costs on the attorney and client scale.

Orders

  • The application for leave to appeal is dismissed.
  • Costs are awarded against the respondent on the scale as between attorney and client.