Growthpoint Properties Limited v Africa Master Blockchain Company (PTY) Ltd (2020/43806) [2022] ZAGPJHC 836 (26 October 2022)

Growthpoint Properties Limited v Africa Master Blockchain Company (PTY) Ltd (2020/43806) [2022] ZAGPJHC 836 (26 October 2022)

The court found that the defendant admitted its obligations under the lease agreement and its failure to pay the amounts claimed, except for a vague and unsupported dispute regarding four parking bays. The defendant failed to provide sufficient particularity or evidence regarding the alleged dispossession or the period affected. The lease agreement expressly excluded reliance on force majeure or impossibility of performance, barring the defendant from raising the Covid-19 pandemic as a defence. The defendant's purported cancellation of the lease was not effective, as it merely requested release from its obligations and subsequently sought rent relief. The technical defence based on Rule...

Citation
[2022] ZAGPJHC 836
Parties
Plaintiff: Growthpoint Properties Limited; Defendant: Africa Master Blockchain Company (PTY) Ltd
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
26 October 2022
Case Number
2020/43806
Procedural Posture
Summary Judgment Application / Opposed Summary Judgment Application; Judgment Delivered
Outcome
Summary judgment granted in favour of the plaintiff for arrear rental and utilities; claim for damages postponed sine dies.
Judges
Maier-Frawley
Legal Topics
Summary Judgment, Lease Agreement, Force Majeure, Arrear Rental, Remission of Rent, Certificate of Balance
Civil Procedure Land and Property Summary Judgment Lease Agreement Force Majeure Arrear Rental Remission of Rent Certificate of Balance

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 5 Authorities cited 15 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Growthpoint Properties Limited

Plaintiff

Africa Master Blockchain Company (PTY) Ltd

Defendant

Procedural Posture

Summary Judgment Application / Opposed Summary Judgment Application; Judgment Delivered

Legal Issues

  1. 1 Whether the defendant has raised a bona fide and sustainable defence to the plaintiff's claim for arrear rental and utilities.
  2. 2 Whether the defendant's alleged dispossession of parking bays constitutes a valid defence to payment of rental.
  3. 3 Whether the effects of the Covid-19 pandemic and alleged impossibility of performance excuse the defendant from its obligations under the lease agreement.

Ratio Decidendi

The court found that the defendant admitted its obligations under the lease agreement and its failure to pay the amounts claimed, except for a vague and unsupported dispute regarding four parking bays. The defendant failed to provide sufficient particularity or evidence regarding the alleged dispossession or the period affected. The lease agreement expressly excluded reliance on force majeure or impossibility of performance, barring the defendant from raising the Covid-19 pandemic as a defence. The defendant's purported cancellation of the lease was not effective, as it merely requested release from its obligations and subsequently sought rent relief. The technical defence based on Rule...

Court Disposition

Summary judgment granted in favour of the plaintiff for arrear rental and utilities; claim for damages postponed sine dies.

Orders

  • Payment of R453,649.64 in respect of rentals payable to the plaintiff.
  • Payment of R67,405.91 in respect of utility charges, rates, taxes, and interest payable to the plaintiff.