Pacific Paramount Properties (PTY) Ltd v Apexviva Construction (PTY) Ltd (29234/22) [2023] ZAGPPHC 25 (3 January 2023)

Pacific Paramount Properties (PTY) Ltd v Apexviva Construction (PTY) Ltd (29234/22) [2023] ZAGPPHC 25 (3 January 2023)

The court found that the lease agreement between the parties expressly excluded the common law principle of reciprocity, as it required rental to be paid monthly in advance, free of deduction and without set-off, and prohibited withholding payment for any reason. The defendant's reliance on the exceptio non adimpleti contractus was therefore misplaced. The defendant remained in occupation and failed to pay any rental, despite enjoying beneficial use of the premises. The lease agreement placed the risk of obtaining trading licences on the tenant, and the landlord did not warrant suitability for any specific purpose. The plaintiff validly cancelled the lease due to non-payment, and is...

Citation
[2023] ZAGPPHC 25
Parties
Plaintiff: Pacific Paramount Properties (PTY) Ltd; Defendant: Apexviva Construction (PTY) Ltd
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
3 January 2023
Case Number
29234/22
Procedural Posture
Summary Judgment Application / Opposed Summary Judgment Application; Judgment on Merits
Outcome
Summary judgment granted in favour of the plaintiff; defendant's counterclaim dismissed.
Judges
M J Teffo
Legal Topics
Lease Agreement, Arrear Rental, Eviction, Exceptio Non Adimpleti Contractus, Summary Judgment, Contractual Interpretation
Land and Property Commercial and Corporate Civil Procedure Lease Agreement Arrear Rental Eviction Exceptio Non Adimpleti Contractus Summary Judgment +1 more

Case Brief

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Parties

Pacific Paramount Properties (PTY) Ltd

Plaintiff

Apexviva Construction (PTY) Ltd

Defendant

Procedural Posture

Summary Judgment Application / Opposed Summary Judgment Application; Judgment on Merits

Legal Issues

  1. 1 Whether the defendant is entitled to withhold rental due to alleged deprivation of beneficial use of part of the leased premises.
  2. 2 Whether the lease agreement excludes the common law principle of reciprocity (exceptio non adimpleti contractus).
  3. 3 Whether the plaintiff validly cancelled the lease agreement.

Ratio Decidendi

The court found that the lease agreement between the parties expressly excluded the common law principle of reciprocity, as it required rental to be paid monthly in advance, free of deduction and without set-off, and prohibited withholding payment for any reason. The defendant's reliance on the exceptio non adimpleti contractus was therefore misplaced. The defendant remained in occupation and failed to pay any rental, despite enjoying beneficial use of the premises. The lease agreement placed the risk of obtaining trading licences on the tenant, and the landlord did not warrant suitability for any specific purpose. The plaintiff validly cancelled the lease due to non-payment, and is...

Court Disposition

Summary judgment granted in favour of the plaintiff; defendant's counterclaim dismissed.

Orders

  • The order of 8 November 2022 granting the defendant leave to defend is rescinded.
  • Summary judgment is granted in favour of the plaintiff against the defendant.