Polokwane Local Municipality v PLK Chisanyama Business Enterprise (7266/2019) [2021] ZALMPPHC 8 (2 March 2021)

Polokwane Local Municipality v PLK Chisanyama Business Enterprise (7266/2019) [2021] ZALMPPHC 8 (2 March 2021)

The court found that the respondent's review application and the interim order obtained related to the same consolidated account comprising rental, rates, taxes, and municipal services. The determination of the review application was necessary for the resolution of the present application, satisfying the requirements of lis pendens. However, the agreement of 8 April 2019 had expired by the time the present application was argued, rendering the interim order ineffective. The applicant, by accepting further substantial payments from the respondent after the alleged cancellation, had compromised its claim and the respondent had substantially remedied the breach. Therefore, the applicant was...

Citation
[2021] ZALMPPHC 8
Parties
Applicant: Polokwane Local Municipality; Respondent: PLK Chisanyama Business Enterprise
Court
Limpopo High Court, Polokwane
Jurisdiction
South Africa
Judgment Date
2 March 2021
Case Number
7266/2019
Procedural Posture
Civil Application / Judgment on Application for Confirmation of Lease Cancellation and Eviction
Outcome
Application dismissed with costs.
Judges
Kganyago
Legal Topics
Lease Cancellation, Eviction, Lis Pendens, Arrears Settlement, Municipal Services
Land and Property Civil Procedure Lease Cancellation Eviction Lis Pendens Arrears Settlement Municipal Services

Case Brief

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Parties

Polokwane Local Municipality

Applicant

PLK Chisanyama Business Enterprise

Respondent

Procedural Posture

Civil Application / Judgment on Application for Confirmation of Lease Cancellation and Eviction

Legal Issues

  1. 1 Whether the respondent's plea of lis pendens should result in a stay of the present proceedings.
  2. 2 Whether the applicant is entitled to confirmation of cancellation of the lease agreement and eviction of the respondent.
  3. 3 Whether the respondent's payments and conduct remedied the breach that led to the cancellation notice.

Ratio Decidendi

The court found that the respondent's review application and the interim order obtained related to the same consolidated account comprising rental, rates, taxes, and municipal services. The determination of the review application was necessary for the resolution of the present application, satisfying the requirements of lis pendens. However, the agreement of 8 April 2019 had expired by the time the present application was argued, rendering the interim order ineffective. The applicant, by accepting further substantial payments from the respondent after the alleged cancellation, had compromised its claim and the respondent had substantially remedied the breach. Therefore, the applicant was...

Court Disposition

Application dismissed with costs.

Orders

  • The applicant’s application is dismissed with costs.