Rickshaw Trade and Invest 49 (Pty) Ltd and Another v Meyers Rental (Pty) Ltd (CA42/2013) [2015] ZAECGHC 141 (26 November 2015)

Rickshaw Trade and Invest 49 (Pty) Ltd and Another v Meyers Rental (Pty) Ltd (CA42/2013) [2015] ZAECGHC 141 (26 November 2015)

The court found that the appellants' notice of appeal was filed late and that the explanation for the delay was wholly inadequate. The condonation application was brought after an unreasonable delay of eighteen months, with no satisfactory explanation provided. On the merits, the court held that the respondent's...

Source-derived case information.

Citation
[2015] ZAECGHC 141
Parties
Appellant: Rickshaw Trade and Invest 49 (Pty) Ltd; Appellant: Bongile Samuel Nkola; Respondent: Meyers Rental (Pty) Ltd
Court
Eastern Cape High Court, Grahamstown
Jurisdiction
South Africa
Judgment Date
26 November 2015
Case Number
CA42/2013
Procedural Posture
Civil Appeal / Appeal Against Summary Judgment and Application for Condonation
Outcome
Application for condonation dismissed with costs; appeal not entertained.
Judges
T Malusi, J Roberson
Legal Topics
Summary Judgment, Condonation, Breach of Contract, Holding Over, Suretyship
Civil Procedure Commercial and Corporate Summary Judgment Condonation Breach of Contract Holding Over Suretyship

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Parties

Rickshaw Trade and Invest 49 (Pty) Ltd

Appellant

Bongile Samuel Nkola

Appellant

Meyers Rental (Pty) Ltd

Respondent

Procedural Posture

Civil Appeal / Appeal Against Summary Judgment and Application for Condonation

Legal Issues

  1. 1 Whether the appellants' application for condonation of the late filing of the appeal should be granted.
  2. 2 Whether the respondent's particulars of claim disclosed a proper cause of action for arrear rental and holding over.
  3. 3 Whether the appellants disclosed a bona fide defence to the summary judgment application.

Ratio Decidendi

The court found that the appellants' notice of appeal was filed late and that the explanation for the delay was wholly inadequate. The condonation application was brought after an unreasonable delay of eighteen months, with no satisfactory explanation provided. On the merits, the court held that the respondent's particulars of claim established a valid contractual cause of action, combining arrear rental and holding over. The appellants failed to disclose a bona fide defence, merely raising technical points and admitting liability to an unspecified degree without providing factual detail. The requirement for notice of breach did not apply after termination of the lease, as the continued...

Court Disposition

Application for condonation dismissed with costs; appeal not entertained.

Orders

  • The application for condonation is dismissed with costs.