Murray & Roberts Ltd and Others v National Scrap Metal Cape Town (Pty) Ltd and Another (14549/11) [2011] ZAWCHC 421 (9 November 2011)

Murray & Roberts Ltd and Others v National Scrap Metal Cape Town (Pty) Ltd and Another (14549/11) [2011] ZAWCHC 421 (9 November 2011)

The court found the respondents' allegations of a ten-year oral lease to be implausible, unsupported by any documentation, and contradicted by the conduct and records of the parties. The respondents failed to provide credible evidence of the alleged meeting or agreement, and the business logic and board minutes further undermined their version. The court held that the occupation after 31 October 2010 was under a tacit monthly lease, which was validly terminated by reasonable notice. The claim for a 42-month notice period was rejected as unreasonable and unsupported by law or fact. The Murec waste removal agreement was also validly cancelled. The applicants were entitled to eviction and...

Citation
[2011] ZAWCHC 421
Parties
Applicant: Murray & Roberts Limited; Applicant: Murray & Roberts Steel (Pty) Limited; Applicant: Cape Town Iron and Steel Works (Pty) Limited; Respondent: National Scrap Metal Cape Town (Pty) Limited; Respondent: Murec Crushing and Milling (Pty) Limited
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
9 November 2011
Case Number
14549/11
Procedural Posture
Urgent Application / Final Judgment on Urgent Eviction Application
Outcome
Application granted. Respondents ordered to vacate the premises and pay costs on an attorney and own client scale.
Judges
Griesel
Legal Topics
Eviction, Oral Lease Agreement, Termination of Lease, Reasonable Notice, Tacit Lease, Waste Removal Agreement
Land and Property Civil Procedure Eviction Oral Lease Agreement Termination of Lease Reasonable Notice Tacit Lease Waste Removal Agreement

Case Brief

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Parties

Murray & Roberts Limited

Applicant

Murray & Roberts Steel (Pty) Limited

Applicant

Cape Town Iron and Steel Works (Pty) Limited

Applicant

National Scrap Metal Cape Town (Pty) Limited

Respondent

Murec Crushing and Milling (Pty) Limited

Respondent

Procedural Posture

Urgent Application / Final Judgment on Urgent Eviction Application

Legal Issues

  1. 1 Whether the respondents have a valid right to continued occupation of the premises based on an alleged oral lease agreement.
  2. 2 Whether the lease was validly terminated by reasonable notice.
  3. 3 Whether the respondents are entitled to a 42-month notice period to vacate the premises.

Ratio Decidendi

The court found the respondents' allegations of a ten-year oral lease to be implausible, unsupported by any documentation, and contradicted by the conduct and records of the parties. The respondents failed to provide credible evidence of the alleged meeting or agreement, and the business logic and board minutes further undermined their version. The court held that the occupation after 31 October 2010 was under a tacit monthly lease, which was validly terminated by reasonable notice. The claim for a 42-month notice period was rejected as unreasonable and unsupported by law or fact. The Murec waste removal agreement was also validly cancelled. The applicants were entitled to eviction and...

Court Disposition

Application granted. Respondents ordered to vacate the premises and pay costs on an attorney and own client scale.

Orders

  • Evicting the first respondent, its employees, and sub-contractors from the premises, with effect from 8 August 2011.
  • Declaring that the waste removal and disposal agreement (Murec agreement) has been validly cancelled with effect from 31 December 2011.