Lynnwood Forum (Pty) Ltd v Danton Pub CC and Others (65945/2013) [2014] ZAGPPHC 310 (23 May 2014)

Lynnwood Forum (Pty) Ltd v Danton Pub CC and Others (65945/2013) [2014] ZAGPPHC 310 (23 May 2014)

The court found that the defendants' dispute regarding the lease agreement's page 7 was immaterial, as the relevant terms concerning rental and deposit were identical in both annexures and supported the plaintiff's claim. The second defendant's denial of authority was irrelevant, as the claims against the individual defendants were based on separate suretyship agreements. The plaintiff's claim was held to be for a liquidated amount in money, as the lease agreement clearly stipulated the rental and deposit amounts, and the outstanding amounts were capable of prompt calculation. The defendants' intended counterclaim was found to be vague, unquantified, and lacking sufficient particularity,...

Citation
[2014] ZAGPPHC 310
Parties
Plaintiff: Lynnwood Forum (Pty) Ltd; Defendant: Danton Pub CC; Defendant: Daniel Johannes Bredenkamp Hamman; Defendant: Johan Anton Swanepoel; Defendant: Martinus Cornelius Human
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
23 May 2014
Case Number
65945/2013
Procedural Posture
Summary Judgment Application / Application for Summary Judgment Under Rule 32
Outcome
Summary judgment granted in favour of the plaintiff against all defendants, jointly and severally, the one paying the other to be absolved.
Judges
C J Collis
Legal Topics
Summary Judgment, Lease Agreement, Suretyship, Liquidated Claim, Counterclaim Requirements
Civil Procedure Commercial and Corporate Summary Judgment Lease Agreement Suretyship Liquidated Claim Counterclaim Requirements

Case Brief

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Parties

Lynnwood Forum (Pty) Ltd

Plaintiff

Danton Pub CC

Defendant

Daniel Johannes Bredenkamp Hamman

Defendant

Johan Anton Swanepoel

Defendant

Martinus Cornelius Human

Defendant

Procedural Posture

Summary Judgment Application / Application for Summary Judgment Under Rule 32

Legal Issues

  1. 1 Whether the plaintiff's claim is for a liquidated amount in money and thus suitable for summary judgment.
  2. 2 Whether the defendants' dispute regarding the correctness of page 7 of the lease agreement constitutes a bona fide defence.
  3. 3 Whether the defendants' intended counterclaim is sufficiently particularised and quantified to constitute a defence to summary judgment.

Ratio Decidendi

The court found that the defendants' dispute regarding the lease agreement's page 7 was immaterial, as the relevant terms concerning rental and deposit were identical in both annexures and supported the plaintiff's claim. The second defendant's denial of authority was irrelevant, as the claims against the individual defendants were based on separate suretyship agreements. The plaintiff's claim was held to be for a liquidated amount in money, as the lease agreement clearly stipulated the rental and deposit amounts, and the outstanding amounts were capable of prompt calculation. The defendants' intended counterclaim was found to be vague, unquantified, and lacking sufficient particularity,...

Court Disposition

Summary judgment granted in favour of the plaintiff against all defendants, jointly and severally, the one paying the other to be absolved.

Orders

  • Payment of R45,389.42 by the defendants, jointly and severally, the one paying the other to be absolved.
  • Payment of R468,897.86 by the defendants, jointly and severally, the one paying the other to be absolved.