Imperial Bank Ltd v Lanseria International Airport (Pty Ltd In Re: Lanseria International Airport (Pty Ltd v Imperial Bank Ltd (15860/2006) [2008] ZAGPHC 296 (26 August 2008)

Imperial Bank Ltd v Lanseria International Airport (Pty Ltd In Re: Lanseria International Airport (Pty Ltd v Imperial Bank Ltd (15860/2006) [2008] ZAGPHC 296 (26 August 2008)

The court found that the applicant had established locus standi through affidavits and supporting lease documents, and that the written and notarial deeds of lease referred to the same lease. The respondent's arguments regarding the identity of the landlord and the interpretation of annexure D were not persuasive. The grounds for leave to appeal did not raise reasonable prospects of success, and the application was dismissed with costs.

Citation
[2008] ZAGPHC 296
Parties
Applicant: Imperial Bank Ltd; Respondent: Lanseria International Airport (Pty) Ltd
Court
High Courts - Gauteng
Jurisdiction
South Africa
Judgment Date
26 August 2008
Case Number
15860/2006
Procedural Posture
Leave to Appeal / Application for Leave to Appeal
Outcome
Application for leave to appeal dismissed with costs.
Judges
Ebersohn
Legal Topics
Leave to Appeal, Locus Standi, Cession, Lease Agreement, Costs Order
Civil Procedure Leave to Appeal Locus Standi Cession Lease Agreement Costs Order

Case Brief

Summary, issues, holding and outcome

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Parties

Imperial Bank Ltd

Applicant

Lanseria International Airport (Pty) Ltd

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal

Legal Issues

  1. 1 Whether the applicant had the necessary locus standi to seek the relief as cessionary.
  2. 2 Whether the written deed of lease concluded on 10 October 1993 was the same as the notarial deed of lease registered on 24 October 1994.
  3. 3 Whether the respondent knew or avoided stating who its landlord was.

Ratio Decidendi

The court found that the applicant had established locus standi through affidavits and supporting lease documents, and that the written and notarial deeds of lease referred to the same lease. The respondent's arguments regarding the identity of the landlord and the interpretation of annexure D were not persuasive. The grounds for leave to appeal did not raise reasonable prospects of success, and the application was dismissed with costs.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed with costs.