Kilwa Properties (Pty) Ltd v Africanwise Developments (Pty) Ltd and Another (14024/2019) [2019] ZAGPPHC 366 (16 August 2019)

Kilwa Properties (Pty) Ltd v Africanwise Developments (Pty) Ltd and Another (14024/2019) [2019] ZAGPPHC 366 (16 August 2019)

The court found that the lease agreement was validly cancelled by the applicant and that the respondents failed to establish the existence of a subsequent agreement or a tacit month-to-month tenancy permitting continued occupation. The 30 January letter relied upon by the respondents was a settlement proposal and did not evidence a fresh meeting of minds or waiver of the applicant's right to evict. The payments made after cancellation were consistent with the lease's terms regarding disputed cancellation and did not revive the lease or create a new tenancy. The respondents' defence was unsupported by primary facts and did not give rise to a bona fide dispute of fact. The second...

Citation
[2019] ZAGPPHC 366
Parties
Applicant: Kilwa Properties (Pty) Ltd; Respondent: Africawise Developments (Pty) Ltd; Respondent: Sibisi: Irvin Bafana
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
16 August 2019
Case Number
14024/2019
Procedural Posture
Eviction Application / Final Judgment
Outcome
Eviction granted; lease cancellation confirmed; costs awarded against respondents jointly and severally.
Judges
E Kromhout
Legal Topics
Eviction, Lease Cancellation, Suretyship Liability, Tacit Contract, Waiver of Rights
Land and Property Civil Procedure Eviction Lease Cancellation Suretyship Liability Tacit Contract Waiver of Rights

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Parties

Kilwa Properties (Pty) Ltd

Applicant

Africawise Developments (Pty) Ltd

Respondent

Sibisi: Irvin Bafana

Respondent

Procedural Posture

Eviction Application / Final Judgment

Legal Issues

  1. 1 Whether the lease agreement between the applicant and first respondent was validly cancelled.
  2. 2 Whether a subsequent agreement or tacit month-to-month tenancy entitled the first respondent to remain in occupation.
  3. 3 Whether the payments made after cancellation constituted a waiver or revival of the lease or a new tenancy.

Ratio Decidendi

The court found that the lease agreement was validly cancelled by the applicant and that the respondents failed to establish the existence of a subsequent agreement or a tacit month-to-month tenancy permitting continued occupation. The 30 January letter relied upon by the respondents was a settlement proposal and did not evidence a fresh meeting of minds or waiver of the applicant's right to evict. The payments made after cancellation were consistent with the lease's terms regarding disputed cancellation and did not revive the lease or create a new tenancy. The respondents' defence was unsupported by primary facts and did not give rise to a bona fide dispute of fact. The second...

Court Disposition

Eviction granted; lease cancellation confirmed; costs awarded against respondents jointly and severally.

Orders

  • It is declared that the written lease agreement concluded on 22 July 2016 was validly cancelled by the applicant in terms of the letter dated 7 January 2019.
  • The first respondent and any person occupying through the first respondent are evicted from the premises at 50% East of Unit 1, Sectional Title Scheme Eldo 4246, Kilwa House, 6 Bondev Office Park, Wierda Road, Eldoraigne Extension 48, Centurion 0157.