Palace Shareblock Ltd v Lavender Moon Trading 157 CC t/a the Copper Chimney (2088/2008) [2009] ZAKZDHC 41 (2 September 2009)

Palace Shareblock Ltd v Lavender Moon Trading 157 CC t/a the Copper Chimney (2088/2008) [2009] ZAKZDHC 41 (2 September 2009)

The respondent admitted to late payment of rental but argued that confusion caused by the applicant regarding the cession of rights excused the breach. The court found that the respondent was not misled by the applicant and that the lease agreement clearly stipulated the time, amount, and place for payment. The respondent was expected to continue paying rental to Inner Anchorage until advised otherwise in writing. The respondent's failure to pay rental on due dates constituted a material breach of the lease agreement, entitling the applicant to cancel the lease and seek eviction. The court found no evidence that the applicant misled the respondent or that the respondent was excused from...

Citation
[2009] ZAKZDHC 41
Parties
Applicant: The Palace Shareblock Ltd; Respondent: Lavender Moon Trading 157 CC t/a The Copper Chimney
Court
Kwazulu-Natal High Court, Durban
Jurisdiction
South Africa
Judgment Date
2 September 2009
Case Number
2088/2008
Procedural Posture
Urgent Application / First Instance Judgment
Outcome
Application granted with costs on attorney and client scale.
Judges
Mokgohloa
Legal Topics
Eviction, Lease Breach, Payment of Rent, Cancellation of Lease
Land and Property Civil Procedure Eviction Lease Breach Payment of Rent Cancellation of Lease

Case Brief

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Parties

The Palace Shareblock Ltd

Applicant

Lavender Moon Trading 157 CC t/a The Copper Chimney

Respondent

Procedural Posture

Urgent Application / First Instance Judgment

Legal Issues

  1. 1 Whether the respondent's failure to pay rental on due dates constituted a material breach entitling the applicant to cancel the lease agreement.
  2. 2 Whether the respondent was misled or confused by the applicant regarding the cession and payment of rental, thereby excusing late payment.
  3. 3 Whether the respondent failed to provide required breakfast and room service to hotel residents as per the lease agreement.

Ratio Decidendi

The respondent admitted to late payment of rental but argued that confusion caused by the applicant regarding the cession of rights excused the breach. The court found that the respondent was not misled by the applicant and that the lease agreement clearly stipulated the time, amount, and place for payment. The respondent was expected to continue paying rental to Inner Anchorage until advised otherwise in writing. The respondent's failure to pay rental on due dates constituted a material breach of the lease agreement, entitling the applicant to cancel the lease and seek eviction. The court found no evidence that the applicant misled the respondent or that the respondent was excused from...

Court Disposition

Application granted with costs on attorney and client scale.

Orders

  • The application for eviction is granted.
  • The respondent is ordered to vacate the leased premises.