Gumede and Others v Maqubela (14201/16) [2016] ZAGPJHC 401 (24 June 2016)

Gumede and Others v Maqubela (14201/16) [2016] ZAGPJHC 401 (24 June 2016)

The court found that there was a material conflict between the proposal, which was made in the name of the company, and the lease agreement, which was signed by the Defendant personally. The lease agreement defined the tenant as the Defendant personally and omitted any reference to the company or supporting documents such as a resolution or suretyship. However, the Defendant provided evidence of the company's existence and argued that he acted as a director. The court held that this conflict could not be resolved without oral evidence and that the Defendant had raised a triable issue. Accordingly, summary judgment was refused and the Defendant was granted leave to defend.

Citation
[2016] ZAGPJHC 401
Parties
Plaintiff: Nyangeni Saul Gumede N.O.; Plaintiff: Brigitte De Bruyn N.O.; Plaintiff: Isak Smolly Petersen N.O.; Plaintiff: Brian Hilton Azizollahoff N.O.; Defendant: Sakhumzi Lungelo Maqubela
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
24 June 2016
Case Number
14201/16
Procedural Posture
Summary Judgment Application / Application for Summary Judgment; Leave to Defend
Outcome
Summary judgment refused; Defendant granted leave to defend.
Judges
P L Carstensen
Legal Topics
Summary Judgment, Lease Agreement, Personal Liability, Company Law, Suretyship
Civil Procedure Commercial and Corporate Summary Judgment Lease Agreement Personal Liability Company Law Suretyship

Case Brief

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Parties

Nyangeni Saul Gumede N.O.

Plaintiff

Brigitte De Bruyn N.O.

Plaintiff

Isak Smolly Petersen N.O.

Plaintiff

Brian Hilton Azizollahoff N.O.

Plaintiff

Sakhumzi Lungelo Maqubela

Defendant

Procedural Posture

Summary Judgment Application / Application for Summary Judgment; Leave to Defend

Legal Issues

  1. 1 Whether the Defendant concluded the lease agreement in his personal capacity or on behalf of a company.
  2. 2 Whether the Defendant has raised a bona fide defence to the Plaintiffs' claim for arrear rental and charges.
  3. 3 Whether summary judgment should be granted or the Defendant should be granted leave to defend.

Ratio Decidendi

The court found that there was a material conflict between the proposal, which was made in the name of the company, and the lease agreement, which was signed by the Defendant personally. The lease agreement defined the tenant as the Defendant personally and omitted any reference to the company or supporting documents such as a resolution or suretyship. However, the Defendant provided evidence of the company's existence and argued that he acted as a director. The court held that this conflict could not be resolved without oral evidence and that the Defendant had raised a triable issue. Accordingly, summary judgment was refused and the Defendant was granted leave to defend.

Court Disposition

Summary judgment refused; Defendant granted leave to defend.

Orders

  • The Defendant is granted leave to defend the Plaintiffs' action.
  • The costs of the application for summary judgment are reserved for determination by the trial court.