Pienaar t/a KTS Boerdery v Pienaar and Others (40/2016) [2017] ZANWHC 50 (29 June 2017)

Pienaar t/a KTS Boerdery v Pienaar and Others (40/2016) [2017] ZANWHC 50 (29 June 2017)

The court found, on the balance of probabilities, that an oral lease agreement existed between the plaintiff and the first defendant for the property as a unit, with agreed rental of R3,500 per month, escalating to R4,500 per month when Mr. Prinsloo moved in. The first defendant's affidavits in prior proceedings supported the plaintiff's version and contradicted her viva voce denial. The court accepted the plaintiff's computation of arrear rental at R96,000. The claim for further rental for the tuck-shop and tavern after the first defendant vacated the house was dismissed, as the evidence did not support a separate lease or market rental value for those premises. Each party was ordered to...

Citation
[2017] ZANWHC 50
Parties
Plaintiff: Matthys Machiel Pienaar t/a KTS Boerdery; Defendant: Sanette Alwiena Pienaar; Defendant: Ngaka Modiri Molema District Municipality
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
29 June 2017
Case Number
40/2016
Procedural Posture
Civil Trial / Judgment After Trial
Outcome
The oral lease agreement between the plaintiff and the first defendant is confirmed as cancelled. The first defendant is ordered to pay R96,000 plus interest to the plaintiff for arrear rental. The claim for further rental for the tuck-shop and tavern is dismissed. Each party is to pay their own costs.
Judges
R D Hendricks
Legal Topics
Oral Lease Agreement, Arrear Rental, Cancellation of Lease, Ejectment, Interest on Arrears
Land and Property Civil Procedure Oral Lease Agreement Arrear Rental Cancellation of Lease Ejectment Interest on Arrears

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Parties

Matthys Machiel Pienaar t/a KTS Boerdery

Plaintiff

Sanette Alwiena Pienaar

Defendant

Ngaka Modiri Molema District Municipality

Defendant

Procedural Posture

Civil Trial / Judgment After Trial

Legal Issues

  1. 1 Whether an oral lease agreement existed between the plaintiff and the first defendant for the property as a unit.
  2. 2 What the terms and conditions of the oral lease agreement were, if such agreement existed.
  3. 3 Whether the first defendant is indebted to the plaintiff for arrear rental of the property.

Ratio Decidendi

The court found, on the balance of probabilities, that an oral lease agreement existed between the plaintiff and the first defendant for the property as a unit, with agreed rental of R3,500 per month, escalating to R4,500 per month when Mr. Prinsloo moved in. The first defendant's affidavits in prior proceedings supported the plaintiff's version and contradicted her viva voce denial. The court accepted the plaintiff's computation of arrear rental at R96,000. The claim for further rental for the tuck-shop and tavern after the first defendant vacated the house was dismissed, as the evidence did not support a separate lease or market rental value for those premises. Each party was ordered to...

Court Disposition

The oral lease agreement between the plaintiff and the first defendant is confirmed as cancelled. The first defendant is ordered to pay R96,000 plus interest to the plaintiff for arrear rental. The claim for further rental for the tuck-shop and tavern is dismissed. Each party is to pay their own costs.

Orders

  • The cancellation of the oral agreement between the plaintiff and the first defendant is confirmed.
  • The first defendant is ordered to pay an amount of R96,000 to the plaintiff in respect of arrear rental for the property.