Icegold Trading CC v Sandton Gold & Diamond Exchange (Pty) Ltd (38229/10A) [2011] ZAGPPHC 147 (6 May 2011)

Icegold Trading CC v Sandton Gold & Diamond Exchange (Pty) Ltd (38229/10A) [2011] ZAGPPHC 147 (6 May 2011)

The court found that the respondent was indeed a party to the lease agreement and addendum, as evidenced by the conduct of the parties, the wording of the documents, and the respondent's own affidavits in related proceedings. The respondent's defences were rejected as contradictory, unsupported by evidence, and patently dishonest. The applicant's repeated cancellations prior to the re-cession of rights from FNB were invalid, but the final cancellation was valid. The respondent's claims for deductions due to alleged undue payments, repairs, and improvements were dismissed due to lack of contractual basis and absence of proof. The defence of lis alibi pendens was not upheld, as the pending...

Citation
[2011] ZAGPPHC 147
Parties
Applicant: Icegold Trading CC; Respondent: Sandton Gold & Diamond Exchange (Pty) Ltd
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
6 May 2011
Case Number
38229/10A
Procedural Posture
Urgent Application / Application for Confirmation of Lease Cancellation, Eviction, and Payment of Rentals
Outcome
Application granted: eviction, payment of arrear rentals and municipal charges, and costs awarded to the applicant.
Judges
Hiemstra
Legal Topics
Eviction, Lease Cancellation, Arrear Rentals, Municipal Charges, Lis Alibi Pendens
Land and Property Civil Procedure Eviction Lease Cancellation Arrear Rentals Municipal Charges Lis Alibi Pendens

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Parties

Icegold Trading CC

Applicant

Sandton Gold & Diamond Exchange (Pty) Ltd

Respondent

Procedural Posture

Urgent Application / Application for Confirmation of Lease Cancellation, Eviction, and Payment of Rentals

Legal Issues

  1. 1 Whether the lease agreement between the applicant and respondent was validly cancelled.
  2. 2 Whether the respondent was a party to the lease agreement and liable for arrear rentals and municipal charges.
  3. 3 Whether the respondent is entitled to deductions for alleged undue payments, repairs, maintenance, and improvements.

Ratio Decidendi

The court found that the respondent was indeed a party to the lease agreement and addendum, as evidenced by the conduct of the parties, the wording of the documents, and the respondent's own affidavits in related proceedings. The respondent's defences were rejected as contradictory, unsupported by evidence, and patently dishonest. The applicant's repeated cancellations prior to the re-cession of rights from FNB were invalid, but the final cancellation was valid. The respondent's claims for deductions due to alleged undue payments, repairs, and improvements were dismissed due to lack of contractual basis and absence of proof. The defence of lis alibi pendens was not upheld, as the pending...

Court Disposition

Application granted: eviction, payment of arrear rentals and municipal charges, and costs awarded to the applicant.

Orders

  • The respondent and all persons occupying on its behalf the property known as Portion 1 of erf 1433 Parkmore, Johannesburg Township, Registration Division IR, Province Gauteng, situated at 96 Sandton Drive, Parkmore, Sandton are evicted from the said property.
  • The respondent is ordered to pay to the applicant monthly rentals of R26,460.00 (excluding VAT) per month for the period 1 December 2009 to 31 July 2010, excluding the rent for February 2010 in the amount of R26,460.00.