Gokaldas v Allah Wala Wholesalers (45779/2017) [2018] ZAGPPHC 631 (23 August 2018)

Gokaldas v Allah Wala Wholesalers (45779/2017) [2018] ZAGPPHC 631 (23 August 2018)

The court found that the applicant had locus standi as a shareholder in the share block scheme, granting him a direct interest akin to ownership. Technical defects in the commissioning of the founding affidavit were immaterial and condoned. The respondent's late opposing affidavit was also condoned. Applying the Plascon-Evans principle, the court determined that the respondent had not paid rent since March 2017, constituting a material breach of the oral lease agreement. However, the applicant failed to prove the quantum of arrear rental, and thus no monetary judgment was granted. The oral lease agreement was cancelled, and the respondent was ordered to vacate the premises within two...

Citation
[2018] ZAGPPHC 631
Parties
Applicant: Arun Gokaldas; Respondent: Allah Wala Wholesalers
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
23 August 2018
Case Number
45779/2017
Procedural Posture
Urgent Application / Opposed Motion for Eviction and Arrear Rental
Outcome
Application granted in part: oral lease agreement cancelled; eviction ordered with two-month grace period; costs awarded to applicant; no monetary judgment for arrear rental.
Judges
E Van Der Schyff
Legal Topics
Eviction of Commercial Tenant, Oral Lease Agreement, Arrear Rental, Condonation of Late Affidavit, Locus Standi, Commissioning of Affidavit
Land and Property Civil Procedure Eviction of Commercial Tenant Oral Lease Agreement Arrear Rental Condonation of Late Affidavit Locus Standi Commissioning of Affidavit

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Parties

Arun Gokaldas

Applicant

Allah Wala Wholesalers

Respondent

Procedural Posture

Urgent Application / Opposed Motion for Eviction and Arrear Rental

Legal Issues

  1. 1 Whether the applicant has locus standi to institute eviction and rental proceedings.
  2. 2 Whether the respondent's opposing affidavit should be condoned for late filing.
  3. 3 Whether the oral lease agreement was validly cancelled due to breach.

Ratio Decidendi

The court found that the applicant had locus standi as a shareholder in the share block scheme, granting him a direct interest akin to ownership. Technical defects in the commissioning of the founding affidavit were immaterial and condoned. The respondent's late opposing affidavit was also condoned. Applying the Plascon-Evans principle, the court determined that the respondent had not paid rent since March 2017, constituting a material breach of the oral lease agreement. However, the applicant failed to prove the quantum of arrear rental, and thus no monetary judgment was granted. The oral lease agreement was cancelled, and the respondent was ordered to vacate the premises within two...

Court Disposition

Application granted in part: oral lease agreement cancelled; eviction ordered with two-month grace period; costs awarded to applicant; no monetary judgment for arrear rental.

Orders

  • The late filing of the opposing affidavit is condoned.
  • The oral lease agreement between the applicant and respondent is cancelled.