North- West Development Corporation (Pty) Ltd v Solid Doors (Pty) Ltd (624/04) [2004] ZANWHC 13 (22 June 2004)

North- West Development Corporation (Pty) Ltd v Solid Doors (Pty) Ltd (624/04) [2004] ZANWHC 13 (22 June 2004)

The court found that the applicant was entitled to an order restraining the respondent from removing or alienating movable assets from the leased premises pending finalisation of the action for arrear rental. The applicant established that the respondent was in arrears and that no valid rent moratorium or waiver applied. The judicial managers of the applicant had the necessary locus standi to institute proceedings. The respondent's defences of prescription and counterclaim for damages were rejected as not constituting valid grounds to oppose the application. The urgency of the application was self-created by the applicant's delay, warranting a punitive costs order against the applicant....

Citation
[2004] ZANWHC 13
Parties
Applicant: North West Development Corporation (Pty) Ltd; Respondent: Solid Doors (Pty) Ltd
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
22 June 2004
Case Number
624/04
Procedural Posture
Urgent Application / Final Judgment on Urgent Application
Outcome
Application granted in part; interdict issued; punitive costs order against applicant; application to strike out granted; security for costs ordered.
Judges
R.D. Hendricks
Legal Topics
Lessor Hypothec, Arrear Rental, Urgent Interdict, Security for Costs, Judicial Management
Land and Property Civil Procedure Lessor Hypothec Arrear Rental Urgent Interdict Security for Costs Judicial Management

Case Brief

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Parties

North West Development Corporation (Pty) Ltd

Applicant

Solid Doors (Pty) Ltd

Respondent

Procedural Posture

Urgent Application / Final Judgment on Urgent Application

Legal Issues

  1. 1 Whether the applicant is entitled to an urgent interdict restraining the respondent from removing or alienating movable assets pending finalisation of an action for arrear rental.
  2. 2 Whether the applicant's hypothec over movables on the leased premises can be perfected.
  3. 3 Whether the respondent is in arrears with rental payments and whether any moratorium or waiver applies.

Ratio Decidendi

The court found that the applicant was entitled to an order restraining the respondent from removing or alienating movable assets from the leased premises pending finalisation of the action for arrear rental. The applicant established that the respondent was in arrears and that no valid rent moratorium or waiver applied. The judicial managers of the applicant had the necessary locus standi to institute proceedings. The respondent's defences of prescription and counterclaim for damages were rejected as not constituting valid grounds to oppose the application. The urgency of the application was self-created by the applicant's delay, warranting a punitive costs order against the applicant....

Court Disposition

Application granted in part; interdict issued; punitive costs order against applicant; application to strike out granted; security for costs ordered.

Orders

  • An order is granted in terms of paragraph 2 of the amended notice of motion, restraining the respondent from removing or alienating movable assets from the leased premises pending finalisation of the action for arrear rental.
  • Applicant is ordered to pay the costs of the main application on the scale as between attorney and own client, including reserved costs and costs occasioned by employment of two counsel.