Rebosis Properties Fund Ltd v Guoping Wu t/a Lee Fashion (3790/2016) [2016] ZAECGHC 76 (23 August 2016)

Rebosis Properties Fund Ltd v Guoping Wu t/a Lee Fashion (3790/2016) [2016] ZAECGHC 76 (23 August 2016)

The court found that the respondent materially breached the lease agreement by failing to pay rent and ancillary charges, entitling the applicant to cancel the agreement. The respondent's claim of not understanding the lease terms due to language barriers was rejected, as there was no evidence of misrepresentation or inducement by the applicant. The standard terms and conditions were validly incorporated by reference, and the respondent was bound by them. The urgency of the application was justified due to the applicant's contractual obligations to a new tenant. The respondent was afforded sufficient time to respond to the application and did not suffer prejudice. The court granted the...

Citation
[2016] ZAECGHC 76
Parties
Applicant: Rebosis Property Fund Ltd; Respondent: Guoping Wu t/a Lee Fashion
Court
Eastern Cape High Court, Grahamstown
Jurisdiction
South Africa
Judgment Date
23 August 2016
Case Number
3790/2016
Procedural Posture
Urgent Application / Application for Eviction Following Cancellation of Lease Agreement
Outcome
Application for eviction granted; respondent ordered to vacate premises by 2 September 2016; costs awarded on ordinary scale.
Judges
Pickering
Legal Topics
Eviction, Lease Agreement Breach, Non Payment of Rent, Contractual Incorporation by Reference, Iustus Error, Non Variation Clause
Land and Property Civil Procedure Eviction Lease Agreement Breach Non Payment of Rent Contractual Incorporation by Reference Iustus Error Non Variation Clause

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Parties

Rebosis Property Fund Ltd

Applicant

Guoping Wu t/a Lee Fashion

Respondent

Procedural Posture

Urgent Application / Application for Eviction Following Cancellation of Lease Agreement

Legal Issues

  1. 1 Whether the applicant was entitled to cancel the lease agreement due to respondent's breach.
  2. 2 Whether the respondent's failure to pay rent and ancillary charges constituted a material breach.
  3. 3 Whether the respondent's claim of not understanding the lease terms due to language barriers is a valid defence.

Ratio Decidendi

The court found that the respondent materially breached the lease agreement by failing to pay rent and ancillary charges, entitling the applicant to cancel the agreement. The respondent's claim of not understanding the lease terms due to language barriers was rejected, as there was no evidence of misrepresentation or inducement by the applicant. The standard terms and conditions were validly incorporated by reference, and the respondent was bound by them. The urgency of the application was justified due to the applicant's contractual obligations to a new tenant. The respondent was afforded sufficient time to respond to the application and did not suffer prejudice. The court granted the...

Court Disposition

Application for eviction granted; respondent ordered to vacate premises by 2 September 2016; costs awarded on ordinary scale.

Orders

  • The respondent and all those occupying by, through or under the respondent are evicted from Shop 20, Mdantsane City, and must give the applicant undisturbed possession thereof on or before Friday, 2 September 2016.
  • The Sheriff of the Mdantsane Court, or the Deputy with the assistance of the South African Police Services if necessary, is authorised to execute and give effect to the eviction order.