Lisinfo Trading (Pty) Ltd and Others v Lunem Learning Centre (Pty) Ltd and Others (2023-052134) [2023] ZAGPJHC 726 (26 June 2023)

Lisinfo Trading (Pty) Ltd and Others v Lunem Learning Centre (Pty) Ltd and Others (2023-052134) [2023] ZAGPJHC 726 (26 June 2023)

The respondents were in substantial breach of their lease obligations, with significant arrears and failure to pay rent and other charges despite repeated written demands. The lease agreement provided for cancellation in such circumstances, and the applicants lawfully cancelled the lease. The respondents' pre-emptive right to purchase the property lapsed due to arrears, and no steps were taken to enforce it. The fact that the premises were used for a school does not shield the respondents from eviction under commercial law. The urgency was justified by the impending transfer of the property to a purchaser, and the applicants' obligation to deliver vacant occupation. The second applicant,...

Citation
[2023] ZAGPJHC 726
Parties
Applicant: Lisinfo Trading (Pty) Ltd; Applicant: Saunders, Stuart Alan John; Respondent: Lunem Learning Centre (Pty) Ltd; Respondent: Lunem Learning Centre School; Respondent: Xoliswa Karenga; Respondent: The MEC of Education, Gauteng
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
26 June 2023
Case Number
2023-052134
Procedural Posture
Urgent Application / Final Order After Urgent Application
Outcome
Application granted. Eviction order issued against first and second respondents and all who occupy through them, with time allowed for orderly evacuation.
Judges
Moorcroft
Legal Topics
Eviction, Commercial Lease, Holding Over, Representation of Companies, Arrear Rental, Pre Emptive Rights
Land and Property Civil Procedure Commercial and Corporate Eviction Commercial Lease Holding Over Representation of Companies Arrear Rental +1 more

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Parties

Lisinfo Trading (Pty) Ltd

Applicant

Saunders, Stuart Alan John

Applicant

Lunem Learning Centre (Pty) Ltd

Respondent

Lunem Learning Centre School

Respondent

Xoliswa Karenga

Respondent

The MEC of Education, Gauteng

Respondent

Procedural Posture

Urgent Application / Final Order After Urgent Application

Legal Issues

  1. 1 Whether the applicants are entitled to evict the first and second respondents from the commercial property due to breach of lease and arrears.
  2. 2 Whether the second applicant, as sole director and advocate, may represent the first applicant company in court.
  3. 3 Whether the respondents retain any pre-emptive right to purchase the property despite arrears.

Ratio Decidendi

The respondents were in substantial breach of their lease obligations, with significant arrears and failure to pay rent and other charges despite repeated written demands. The lease agreement provided for cancellation in such circumstances, and the applicants lawfully cancelled the lease. The respondents' pre-emptive right to purchase the property lapsed due to arrears, and no steps were taken to enforce it. The fact that the premises were used for a school does not shield the respondents from eviction under commercial law. The urgency was justified by the impending transfer of the property to a purchaser, and the applicants' obligation to deliver vacant occupation. The second applicant,...

Court Disposition

Application granted. Eviction order issued against first and second respondents and all who occupy through them, with time allowed for orderly evacuation.

Orders

  • The second applicant is permitted to represent the first applicant in these proceedings.
  • The first and second respondents and all who occupy by or through them must vacate Erf No. 388, Portion No. 97 of the farm Diepsloot, Johannesburg, also known as Plot 97, Ridge Road, Diepsloot, Johannesburg, before or on 30 September 2023.