Petersen and Others v TR Funeral Solutions CC Trading and Others (2023-042676) [2024] ZAGPJHC 232 (8 March 2024)

Petersen and Others v TR Funeral Solutions CC Trading and Others (2023-042676) [2024] ZAGPJHC 232 (8 March 2024)

The court found that the defendants did not have a bona fide defence to the summary judgment application. The electricity supply problems did not amount to supervening impossibility, as the landlord installed a generator and tenants were contractually liable for diesel and running costs. The lease agreement specifically exempted the landlord from liability for interruptions in amenities and services. The mandate to relet the property did not release the defendants from their obligations, as no new lease was concluded. The claim was for a liquidated amount, and summary judgment was appropriate. The plaintiffs were entitled to the amount claimed, interest at the contractual rate, and...

Citation
[2024] ZAGPJHC 232
Parties
Plaintiff: Petersen, Izak Smolly N O; Plaintiff: Asmal, Ridwaan N O; Plaintiff: Azizollahoff, Brian Hilton N O; Plaintiff: Junkoon, Jujdeeshin N O; Defendant: TR Funeral Solutions CC trading as Tiro Funeral Solutions; Defendant: Ratone, Matshidiso; Defendant: Ratone, Tiro Stephen
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
8 March 2024
Case Number
2023-042676
Procedural Posture
Summary Judgment Application / Application for Summary Judgment
Outcome
Summary judgment granted in favour of the plaintiffs for the arrear rental and charges.
Judges
Moorcroft
Legal Topics
Lease Agreement Breach, Suretyship Liability, Summary Judgment, Supervening Impossibility, Contractual Damages, Liquidated Claim
Commercial and Corporate Civil Procedure Land and Property Lease Agreement Breach Suretyship Liability Summary Judgment Supervening Impossibility Contractual Damages +1 more

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Parties

Petersen, Izak Smolly N O

Plaintiff

Asmal, Ridwaan N O

Plaintiff

Azizollahoff, Brian Hilton N O

Plaintiff

Junkoon, Jujdeeshin N O

Plaintiff

TR Funeral Solutions CC trading as Tiro Funeral Solutions

Defendant

Ratone, Matshidiso

Defendant

Ratone, Tiro Stephen

Defendant

Procedural Posture

Summary Judgment Application / Application for Summary Judgment

Legal Issues

  1. 1 Whether the defendants have a bona fide defence to the summary judgment application.
  2. 2 Whether electricity supply problems constitute supervening impossibility excusing performance under the lease.
  3. 3 Whether the claim is based on a liquidated amount suitable for summary judgment.

Ratio Decidendi

The court found that the defendants did not have a bona fide defence to the summary judgment application. The electricity supply problems did not amount to supervening impossibility, as the landlord installed a generator and tenants were contractually liable for diesel and running costs. The lease agreement specifically exempted the landlord from liability for interruptions in amenities and services. The mandate to relet the property did not release the defendants from their obligations, as no new lease was concluded. The claim was for a liquidated amount, and summary judgment was appropriate. The plaintiffs were entitled to the amount claimed, interest at the contractual rate, and...

Court Disposition

Summary judgment granted in favour of the plaintiffs for the arrear rental and charges.

Orders

  • Summary judgment is granted in the amount of R114,725.28.
  • Interest thereon at the prevailing prime rate from time to time plus 2% per annum compounded monthly from 19 May 2023 to date of payment.