Growthpoint Properties Limited v JICAMA 51 Ltd t/a Rusty Grand Cafe (M132/2022) [2022] ZANWHC 53 (30 December 2022)

Growthpoint Properties Limited v JICAMA 51 Ltd t/a Rusty Grand Cafe (M132/2022) [2022] ZANWHC 53 (30 December 2022)

The court found that the pending litigation in the Magistrate’s Court relates to a different cause of action and subject matter, as the current application concerns the subsequent lease agreement of 12 March 2021, while the Magistrate’s Court action relates to the earlier lease and arrears. The point in limine of lis pendens was dismissed. The respondent’s argument of non-joinder of the Rustenburg Local Municipality failed, as the municipality has no direct interest in the relief sought and its involvement is unnecessary for electricity disconnection. On the merits, the respondent failed to comply with payment obligations under the subsequent lease, with R272,554.67 outstanding. The...

Citation
[2022] ZANWHC 53
Parties
Applicant: Growthpoint Properties Limited; Respondent: JICAMA 51 (PTY) LTD t/a Rusty Grand Café
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
30 December 2022
Case Number
M132/2022
Procedural Posture
Urgent Application / Final Order on Application for Eviction and Ancillary Relief
Outcome
Application granted. The subsequent lease agreement is cancelled, the respondent and persons claiming occupation under it are evicted, electricity supply may be terminated, and costs are awarded to the applicant.
Judges
J T Djaje
Legal Topics
Eviction, Lease Cancellation, Improvement Lien, Lis Pendens, Non Joinder
Land and Property Civil Procedure Eviction Lease Cancellation Improvement Lien Lis Pendens Non Joinder

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 6 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Growthpoint Properties Limited

Applicant

JICAMA 51 (PTY) LTD t/a Rusty Grand Café

Respondent

Procedural Posture

Urgent Application / Final Order on Application for Eviction and Ancillary Relief

Legal Issues

  1. 1 Whether the applicant is entitled to confirmation of cancellation of the subsequent lease agreement entered into on 12 March 2021.
  2. 2 Whether the respondent and persons claiming occupation under it should be evicted from the property.
  3. 3 Whether the applicant is entitled to terminate the respondent’s supply of electricity to the property.

Ratio Decidendi

The court found that the pending litigation in the Magistrate’s Court relates to a different cause of action and subject matter, as the current application concerns the subsequent lease agreement of 12 March 2021, while the Magistrate’s Court action relates to the earlier lease and arrears. The point in limine of lis pendens was dismissed. The respondent’s argument of non-joinder of the Rustenburg Local Municipality failed, as the municipality has no direct interest in the relief sought and its involvement is unnecessary for electricity disconnection. On the merits, the respondent failed to comply with payment obligations under the subsequent lease, with R272,554.67 outstanding. The...

Court Disposition

Application granted. The subsequent lease agreement is cancelled, the respondent and persons claiming occupation under it are evicted, electricity supply may be terminated, and costs are awarded to the applicant.

Orders

  • Confirmation of cancellation of the subsequent lease agreement entered into between the parties on 12 March 2021 is granted.
  • The respondent and any person claiming occupation under it are evicted from Shop 22 Waterfall Mall Value Centre, Augrabies Avenue, Cashan Ext 12, Rustenburg.