Onverdient (Pty) Ltd and Another v Triple Options Trading 641 CC and Another (5994/2018) [2019] ZALMPPHC 67 (27 November 2019)

Onverdient (Pty) Ltd and Another v Triple Options Trading 641 CC and Another (5994/2018) [2019] ZALMPPHC 67 (27 November 2019)

The court found that there were material disputes of fact regarding the existence and terms of the alleged lease agreement and the right to evict the first respondent. The applicants failed to provide sufficient details of the oral lease agreement, and the respondents substantiated their position with a settlement agreement. The spoliation claim was dismissed due to unreasonable delay and lack of special circumstances. The interdict regarding the peach harvest was moot as the relevant season had ended and no issue of public importance was raised. The applicants, aware of the disputes of fact and procedural risks, elected to proceed by motion and thus their application was dismissed with...

Citation
[2019] ZALMPPHC 67
Parties
Applicant: Onverdient (Pty) Ltd; Applicant: Daniel Johannes Smit (Jnr); Respondent: Triple Options Trading 641 CC; Respondent: Annelize Smit
Court
Limpopo High Court, Polokwane
Jurisdiction
South Africa
Judgment Date
27 November 2019
Case Number
5994/2018
Procedural Posture
Urgent Application / Final Determination of Urgent Application
Outcome
Application dismissed with costs, including costs of senior counsel.
Judges
MF. Kganyago
Legal Topics
Eviction, Oral Lease Agreement, Spoliation, Interdict, Material Dispute of Fact
Land and Property Civil Procedure Eviction Oral Lease Agreement Spoliation Interdict Material Dispute of Fact

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Parties

Onverdient (Pty) Ltd

Applicant

Daniel Johannes Smit (Jnr)

Applicant

Triple Options Trading 641 CC

Respondent

Annelize Smit

Respondent

Procedural Posture

Urgent Application / Final Determination of Urgent Application

Legal Issues

  1. 1 Whether a valid lease agreement existed between the first applicant and the first respondent.
  2. 2 Whether the first respondent is liable for outstanding rental payments.
  3. 3 Whether the first respondent should be evicted from the farm.

Ratio Decidendi

The court found that there were material disputes of fact regarding the existence and terms of the alleged lease agreement and the right to evict the first respondent. The applicants failed to provide sufficient details of the oral lease agreement, and the respondents substantiated their position with a settlement agreement. The spoliation claim was dismissed due to unreasonable delay and lack of special circumstances. The interdict regarding the peach harvest was moot as the relevant season had ended and no issue of public importance was raised. The applicants, aware of the disputes of fact and procedural risks, elected to proceed by motion and thus their application was dismissed with...

Court Disposition

Application dismissed with costs, including costs of senior counsel.

Orders

  • The applicants’ application is dismissed with costs on party and party scale, including the employment of a senior counsel.