Next To (Pty) Ltd v K2018110768 (SA) (Pty) Ltd and Others (42478/2021) [2021] ZAGPPHC 698 (22 October 2021)

Next To (Pty) Ltd v K2018110768 (SA) (Pty) Ltd and Others (42478/2021) [2021] ZAGPPHC 698 (22 October 2021)

The court found that the applicant is the registered owner of the property and none of the respondents have a valid right to occupy it. The lease agreements relied upon by the respondents were concluded after the company was placed in liquidation and were never validated by a court as required by section 341(2) of...

Source-derived case information.

Citation
[2021] ZAGPPHC 698
Parties
Applicant: Next To (Pty) Ltd; Respondent: K2018110768 (SA) (Pty) Ltd; Respondent: Terra Bar and Lounge (Pty) Ltd; Respondent: Francois Pierre Joubert; Respondent: Werner Alexander Wessels; Respondent: The persons occupying Portion 1 of Erf 909 Menlo Park, Gauteng
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
22 October 2021
Case Number
42478/2021
Procedural Posture
Urgent Application / Opposed Urgent Application for Ejectment; Judgment Delivered After Hearing.
Outcome
Application granted. Respondents ordered to vacate the property. Costs awarded against second and fourth respondents, jointly and severally.
Judges
Collis
Legal Topics
Ejectment, Rei Vindicatio, Companies Act Section 341 2, Lease Agreement in Liquidation, Urgent Application, Dispute of Fact
Land and Property Civil Procedure Commercial and Corporate Ejectment Rei Vindicatio Companies Act Section 341 2 Lease Agreement in Liquidation Urgent Application +1 more

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Parties

Next To (Pty) Ltd

Applicant

K2018110768 (SA) (Pty) Ltd

Respondent

Terra Bar and Lounge (Pty) Ltd

Respondent

Francois Pierre Joubert

Respondent

Werner Alexander Wessels

Respondent

The persons occupying Portion 1 of Erf 909 Menlo Park, Gauteng

Respondent

Procedural Posture

Urgent Application / Opposed Urgent Application for Ejectment; Judgment Delivered After Hearing.

Legal Issues

  1. 1 Whether the respondents have any valid right to occupy the applicant's property.
  2. 2 Whether the lease agreements concluded during liquidation are void for non-compliance with section 341(2) of the Companies Act.
  3. 3 Whether the requirements for ejectment have been met by the applicant.

Ratio Decidendi

The court found that the applicant is the registered owner of the property and none of the respondents have a valid right to occupy it. The lease agreements relied upon by the respondents were concluded after the company was placed in liquidation and were never validated by a court as required by section 341(2) of the Companies Act. Acceptance of rental payments by the liquidators did not constitute ratification in law. The respondents failed to establish the validity and enforceability of the lease agreements. The applicant met the requirements for ejectment by proving ownership and the respondents' possession. The alleged dispute of fact regarding the liquidators' involvement was not...

Court Disposition

Application granted. Respondents ordered to vacate the property. Costs awarded against second and fourth respondents, jointly and severally.

Orders

  • The application is adjudicated as urgent and ordinary forms and time periods are dispensed with in terms of Uniform Rule of Court 6(12)(a).
  • The first, second, third, fourth and fifth respondents are ejected from Portion 1 of Erf 909, Menlo Park, Registration Division JR, Gauteng, also known as 309 Lynnwood Road, Menlo Park, Gauteng.