Monyetla Property Holdings v IMM Graduate School of Marketing (20023/2014) [2015] ZASCA 32; 2017 (2) SA 42 (SCA) (25 March 2015)

Monyetla Property Holdings v IMM Graduate School of Marketing (20023/2014) [2015] ZASCA 32; 2017 (2) SA 42 (SCA) (25 March 2015)

The court held that the appellant's claim for damages arose upon cancellation of the lease due to the first respondent's breach. The loss was suffered at that moment, and the claim was immediately enforceable, regardless of the first respondent's continued occupation and payments under clause 26.2. The amounts paid under clause 26.2 were to be deducted from the damages, but did not delay the accrual of the claim. The court rejected the appellant's argument that prescription only began to run once the premises were vacated, finding that all facts necessary for the claim were present at cancellation. As action was instituted more than three years after cancellation, the claim had prescribed...

Citation
[2015] ZASCA 32
Parties
Appellant: Monyetla Property Holdings (Pty) Limited; Respondent: IMM Graduate School of Marketing (Pty) Limited; Respondent: Nigel Colin Tatersall
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
25 March 2015
Case Number
20023/2014
Procedural Posture
Civil Appeal / Appeal From Gauteng Division, Johannesburg; Special Pleas of Prescription and 'once and for All' Rule Decided as Separate Issues at Trial.
Outcome
Appeal dismissed with costs.
Judges
Ponnan, Shongwe, Leach, Dambuza, Mayat
Legal Topics
Lease Cancellation, Prescription Act, Damages for Breach of Contract, Special Plea, Once and for All Rule
Land and Property Civil Procedure Lease Cancellation Prescription Act Damages for Breach of Contract Special Plea Once and for All Rule

Case Brief

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Parties

Monyetla Property Holdings (Pty) Limited

Appellant

IMM Graduate School of Marketing (Pty) Limited

Respondent

Nigel Colin Tatersall

Respondent

Procedural Posture

Civil Appeal / Appeal From Gauteng Division, Johannesburg; Special Pleas of Prescription and 'once and for All' Rule Decided as Separate Issues at Trial.

Legal Issues

  1. 1 Whether the appellant's claim for damages arising from cancellation of the lease prescribed under section 11 of the Prescription Act.
  2. 2 Whether the 'once and for all' rule precluded the appellant from recovering damages in the present proceedings.

Ratio Decidendi

The court held that the appellant's claim for damages arose upon cancellation of the lease due to the first respondent's breach. The loss was suffered at that moment, and the claim was immediately enforceable, regardless of the first respondent's continued occupation and payments under clause 26.2. The amounts paid under clause 26.2 were to be deducted from the damages, but did not delay the accrual of the claim. The court rejected the appellant's argument that prescription only began to run once the premises were vacated, finding that all facts necessary for the claim were present at cancellation. As action was instituted more than three years after cancellation, the claim had prescribed...

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed with costs.