Lebone Mpilo Take Aways CC and Another v Maqelepo and Another (14867/2011) [2011] ZAGPJHC 169 (18 August 2011)

Lebone Mpilo Take Aways CC and Another v Maqelepo and Another (14867/2011) [2011] ZAGPJHC 169 (18 August 2011)

The court found that the applicants failed to discharge the onus required to prove a valid extension of the lease agreement beyond November 2010. The unsigned written agreement indicated expiry in November 2010, and there was no written documentation recording any variation. The applicants' continued payment of rent was consistent with a month-to-month tenancy. The landlord had given more than one month's notice to vacate, satisfying legal requirements for eviction. The application to stay eviction was dismissed, and the eviction order was granted, but the applicants were given until 30 September 2011 to vacate. Costs were awarded against the first applicant on an ordinary scale,...

Citation
[2011] ZAGPJHC 169
Parties
Applicant: Lebone Mpilo Take Aways CC; Applicant: Nkhi Nombuyiselo Signora; Respondent: Isaac Maqelepo; Respondent: Old Fashioned Fish & Chips
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
18 August 2011
Case Number
14867/2011
Procedural Posture
Stay Application / Application and Counter Application for Eviction
Outcome
Application to stay eviction dismissed; eviction order granted with delayed execution.
Judges
Willis
Legal Topics
Eviction, Lease Agreement, Rectification of Contract, Notice to Vacate
Land and Property Civil Procedure Eviction Lease Agreement Rectification of Contract Notice to Vacate

Case Brief

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Parties

Lebone Mpilo Take Aways CC

Applicant

Nkhi Nombuyiselo Signora

Applicant

Isaac Maqelepo

Respondent

Old Fashioned Fish & Chips

Respondent

Procedural Posture

Stay Application / Application and Counter Application for Eviction

Legal Issues

  1. 1 Whether the lease agreement between the parties was validly extended beyond November 2010.
  2. 2 Whether the applicants are entitled to a stay of eviction pending trial on rectification of the lease agreement.
  3. 3 Whether the respondents are entitled to an eviction order.

Ratio Decidendi

The court found that the applicants failed to discharge the onus required to prove a valid extension of the lease agreement beyond November 2010. The unsigned written agreement indicated expiry in November 2010, and there was no written documentation recording any variation. The applicants' continued payment of rent was consistent with a month-to-month tenancy. The landlord had given more than one month's notice to vacate, satisfying legal requirements for eviction. The application to stay eviction was dismissed, and the eviction order was granted, but the applicants were given until 30 September 2011 to vacate. Costs were awarded against the first applicant on an ordinary scale,...

Court Disposition

Application to stay eviction dismissed; eviction order granted with delayed execution.

Orders

  • The application to stay eviction is dismissed.
  • The applicants are ordered to vacate the premises by 30 September 2011.