Highveld Sundication NO. 16 (Pty) Ltd and Others v Ji An Import & Export (Pty) Ltd and Another (46782/13) [2014] ZAGPJHC 383 (5 December 2014)

Highveld Sundication NO. 16 (Pty) Ltd and Others v Ji An Import & Export (Pty) Ltd and Another (46782/13) [2014] ZAGPJHC 383 (5 December 2014)

The court found that the applicants were entitled to the relief sought. The respondents admitted the lease and arrears, and abandoned all substantive defences except for technical objections regarding locus standi and property description. The court held that the identity of the lessor was sufficiently established by the registration number, and minor errors in the property description did not preclude relief as the premises were clearly identified and occupied by the respondents. The applicants withdrew previous actions and undertook to pay wasted costs. The respondents' remaining objections were without merit. The court granted eviction, payment of arrears with interest, and costs...

Citation
[2014] ZAGPJHC 383
Parties
Applicant: Highveld Sundication NO. 16 (Pty) Ltd; Applicant: Orthotouch Ltd; Applicant: Zephan Properties (Pty) Ltd; Applicant: Moxicorp Investments (Pty) Ltd; Respondent: Ji An Import & Export (Pty) Ltd; Respondent: Wang Jun
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
5 December 2014
Case Number
46782/13
Procedural Posture
Civil Application / Final Judgment
Outcome
Application granted: eviction, payment of arrears, and costs ordered against respondents.
Judges
P L Carstensen
Legal Topics
Commercial Lease, Eviction, Arrear Rental, Locus Standi, Property Description, Rectification
Land and Property Commercial and Corporate Commercial Lease Eviction Arrear Rental Locus Standi Property Description Rectification

Case Brief

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Parties

Highveld Sundication NO. 16 (Pty) Ltd

Applicant

Orthotouch Ltd

Applicant

Zephan Properties (Pty) Ltd

Applicant

Moxicorp Investments (Pty) Ltd

Applicant

Ji An Import & Export (Pty) Ltd

Respondent

Wang Jun

Respondent

Procedural Posture

Civil Application / Final Judgment

Legal Issues

  1. 1 Whether the applicants are entitled to evict the first respondent from the leased premises.
  2. 2 Whether the applicants are entitled to payment of arrear rental and interest.
  3. 3 Whether the applicants have locus standi to enforce the lease agreement.

Ratio Decidendi

The court found that the applicants were entitled to the relief sought. The respondents admitted the lease and arrears, and abandoned all substantive defences except for technical objections regarding locus standi and property description. The court held that the identity of the lessor was sufficiently established by the registration number, and minor errors in the property description did not preclude relief as the premises were clearly identified and occupied by the respondents. The applicants withdrew previous actions and undertook to pay wasted costs. The respondents' remaining objections were without merit. The court granted eviction, payment of arrears with interest, and costs...

Court Disposition

Application granted: eviction, payment of arrears, and costs ordered against respondents.

Orders

  • The First Respondent is ordered to vacate the premises at Piazza Centre, erven 544 to 552 and 604 to 612 Blairgowrie, Randburg, within 5 days.
  • The Sheriff is authorised to do all things necessary to give effect to the eviction order.