Masterprops 271 (Pty) Ltd v Beyhan College (Pty) Limited t/a Beyhan College (38480/2018) [2019] ZAGPJHC 564 (6 May 2019)

Masterprops 271 (Pty) Ltd v Beyhan College (Pty) Limited t/a Beyhan College (38480/2018) [2019] ZAGPJHC 564 (6 May 2019)

The court found that, although the lease agreement contained an alternative dispute resolution clause, referral to a referee was not warranted in the circumstances and dismissed the respondent's application for such referral. The court determined that Busy Bee Learning Academy NPO, as a separate legal entity with constitutional duties to its learners, must be joined as a party to the eviction proceedings to ensure that the rights of the children are adequately protected. The eviction application was postponed sine die to allow for joinder and the filing of further affidavits and submissions by all parties, including Busy Bee. The court reserved costs in the eviction application but...

Citation
[2019] ZAGPJHC 564
Parties
Applicant: Masterprops 271 (Pty) Ltd; Respondent: Beyhan College (Pty) Limited t/a Beyhan College; Respondent: Busy Bee Learning Academy NPO
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
6 May 2019
Case Number
38480/2018
Procedural Posture
Eviction Application / Opposed Motion; Interlocutory Joinder and Postponement
Outcome
Eviction application postponed sine die; Busy Bee Learning Academy NPO joined as second respondent; application to refer to referee dismissed; costs reserved except for reconsideration application, which Masterprops must pay.
Judges
Cowen
Legal Topics
Eviction of Commercial Tenant, Joinder of Parties, Specific Performance, Children S Rights, Constitutional Balance, Alternative Dispute Resolution
Land and Property Civil Procedure Constitutional Law Eviction of Commercial Tenant Joinder of Parties Specific Performance Children S Rights Constitutional Balance +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 9 Party arguments 2
Sign in to unlock

Parties

Masterprops 271 (Pty) Ltd

Applicant

Beyhan College (Pty) Limited t/a Beyhan College

Respondent

Busy Bee Learning Academy NPO

Respondent

Procedural Posture

Eviction Application / Opposed Motion; Interlocutory Joinder and Postponement

Legal Issues

  1. 1 Whether the eviction application should be referred to a referee in terms of the lease agreement's alternative dispute resolution clause.
  2. 2 Whether Busy Bee Learning Academy NPO should be joined as a party to the eviction proceedings.
  3. 3 Whether the respondent's rights under the lease agreement survived cancellation, given subsequent payment of arrears and the circumstances of default.

Ratio Decidendi

The court found that, although the lease agreement contained an alternative dispute resolution clause, referral to a referee was not warranted in the circumstances and dismissed the respondent's application for such referral. The court determined that Busy Bee Learning Academy NPO, as a separate legal entity with constitutional duties to its learners, must be joined as a party to the eviction proceedings to ensure that the rights of the children are adequately protected. The eviction application was postponed sine die to allow for joinder and the filing of further affidavits and submissions by all parties, including Busy Bee. The court reserved costs in the eviction application but...

Court Disposition

Eviction application postponed sine die; Busy Bee Learning Academy NPO joined as second respondent; application to refer to referee dismissed; costs reserved except for reconsideration application, which Masterprops must pay.

Orders

  • The respondent's application to refer the eviction application to a referee is dismissed with costs to be costs in the cause in the eviction application.
  • The eviction application is postponed sine die.