Nel N.O. and Others v Steyl N.O. and Others (3496/2013) [2013] ZAFSHC 230 (29 November 2013)

Nel N.O. and Others v Steyl N.O. and Others (3496/2013) [2013] ZAFSHC 230 (29 November 2013)

The court found that the respondent breached two material terms of the lease agreement: failing to fence off the leased portion of the farm and failing to pay rental when due. The agreement required the respondent to enclose the leased portion at his own expense and to pay rental half-yearly in advance. The respondent was aware of these obligations from June 2012, and the absence of a specified time-frame did not excuse performance, especially given the urgent need to confine dangerous animals. The applicant gave proper notice of cancellation and allowed the respondent ten days to remedy the breaches, which he failed to do. The respondent's argument regarding tax invoices was rejected as...

Citation
[2013] ZAFSHC 230
Parties
Applicant: Nel Jacobus Frederick Lombard N.O. & 2 Others; Respondent: Steyl Martinus Philippus N.O. & 2 Others
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
29 November 2013
Case Number
3496/2013
Procedural Posture
Urgent Application / Application for Summary Eviction and Related Relief
Outcome
Application granted; respondent ordered to vacate the property and pay costs.
Judges
K. J. Moloi
Legal Topics
Lease Agreement Breach, Eviction, Notice of Cancellation, Reasonable Time for Performance
Land and Property Civil Procedure Lease Agreement Breach Eviction Notice of Cancellation Reasonable Time for Performance

Case Brief

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Parties

Nel Jacobus Frederick Lombard N.O. & 2 Others

Applicant

Steyl Martinus Philippus N.O. & 2 Others

Respondent

Procedural Posture

Urgent Application / Application for Summary Eviction and Related Relief

Legal Issues

  1. 1 Whether the respondent breached material terms of the lease agreement by failing to fence off the leased portion and by failing to pay rental when due.
  2. 2 Whether the applicant validly cancelled the lease agreement and is entitled to an eviction order.
  3. 3 Whether the respondent is entitled to additional time to vacate the property.

Ratio Decidendi

The court found that the respondent breached two material terms of the lease agreement: failing to fence off the leased portion of the farm and failing to pay rental when due. The agreement required the respondent to enclose the leased portion at his own expense and to pay rental half-yearly in advance. The respondent was aware of these obligations from June 2012, and the absence of a specified time-frame did not excuse performance, especially given the urgent need to confine dangerous animals. The applicant gave proper notice of cancellation and allowed the respondent ten days to remedy the breaches, which he failed to do. The respondent's argument regarding tax invoices was rejected as...

Court Disposition

Application granted; respondent ordered to vacate the property and pay costs.

Orders

  • The respondent is ordered to vacate the farm known as 'Restant van die plaas D[...] No [...], distrik W[...]', Free State Province not later than 27 December 2013 at 17H00.
  • Should the respondent fail to vacate, the Sheriff of the court is authorised to evict the respondent and all his movable property from the farm.