Mothusi Holding (Edms) Bpk and Another v GD Conradie t/a Rethuseng Meule and Taung Voere and Others (375/2005) [2005] ZANWHC 64 (15 September 2005)

Mothusi Holding (Edms) Bpk and Another v GD Conradie t/a Rethuseng Meule and Taung Voere and Others (375/2005) [2005] ZANWHC 64 (15 September 2005)

The court found that there are genuine and material disputes of fact regarding the authority of Mr Mothusi to grant lease extensions and the existence and content of an alleged oral agreement to provide alternative accommodation. These disputes cannot be resolved on affidavit and require oral evidence and proper ventilation in trial proceedings. The affidavits filed contain all necessary averments and will stand as pleadings for trial. Costs will be determined once the matter reaches finality.

Citation
[2005] ZANWHC 64
Parties
Applicant: Mothusi Holdings (Edms) Beperk; Applicant: Lixue Li; Respondent: GD Conradie t/a Rethuseng Meule; Respondent: Taung Voere; Respondent: Bokamuso Booksellers; Respondent: Dr Mohamed Ali t/a Herbalist from Phemba Island; Respondent: Connie Hair Salon/Hairstudio
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
15 September 2005
Case Number
375/2005
Procedural Posture
Urgent Application / Referral to Trial After Application Proceedings
Outcome
Application referred to trial due to material disputes of fact; costs reserved.
Judges
L. GCABASHE
Legal Topics
Eviction, Lease Termination, Oral Agreement, Authority of Agent, Dispute of Fact
Land and Property Civil Procedure Eviction Lease Termination Oral Agreement Authority of Agent Dispute of Fact

Case Brief

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Parties

Mothusi Holdings (Edms) Beperk

Applicant

Lixue Li

Applicant

GD Conradie t/a Rethuseng Meule

Respondent

Taung Voere

Respondent

Bokamuso Booksellers

Respondent

Dr Mohamed Ali t/a Herbalist from Phemba Island

Respondent

Connie Hair Salon/Hairstudio

Respondent

Procedural Posture

Urgent Application / Referral to Trial After Application Proceedings

Legal Issues

  1. 1 Whether the first respondent is entitled to remain in occupation of the premises based on an alleged oral agreement for alternative accommodation.
  2. 2 Whether Mr Mothusi had authority to grant an extension or make undertakings regarding the lease.
  3. 3 Whether the dispute of fact regarding the oral agreement and authority requires referral to trial.

Ratio Decidendi

The court found that there are genuine and material disputes of fact regarding the authority of Mr Mothusi to grant lease extensions and the existence and content of an alleged oral agreement to provide alternative accommodation. These disputes cannot be resolved on affidavit and require oral evidence and proper ventilation in trial proceedings. The affidavits filed contain all necessary averments and will stand as pleadings for trial. Costs will be determined once the matter reaches finality.

Court Disposition

Application referred to trial due to material disputes of fact; costs reserved.

Orders

  • The matter is referred to trial.
  • The notice of motion, answering affidavit and replying affidavit are to stand as a combined summons, pleas and replication respectively.