Stand 2436 PMB (Pty) Ltd v Takor (8684/08) [2009] ZAKZPHC 23 (1 June 2009)

Stand 2436 PMB (Pty) Ltd v Takor (8684/08) [2009] ZAKZPHC 23 (1 June 2009)

The court found that the Respondent failed to discharge the onus of proving that he gave timeous and proper written notice to the Applicant of his intention to renew the lease for Shop 5. The lease agreement required written notice at least six months prior to expiry, and the Respondent did not retain a copy of the alleged notice, nor did he follow up to confirm receipt. The evidence presented by the Applicant, including the testimony of Mr. Barnes and supporting correspondence, was clear, consistent, and credible. In contrast, the Respondent's version was found to be inherently improbable, lacking corroboration, and beset with inconsistencies. The court rejected the Respondent's argument...

Citation
[2009] ZAKZPHC 23
Parties
Applicant: Stand 2436 PMB (Pty) Ltd; Respondent: Isaac Kwesi Takor
Court
Kwazulu-Natal High Court, Pietermaritzburg
Jurisdiction
South Africa
Judgment Date
1 June 2009
Case Number
8684/08
Procedural Posture
Urgent Application / Final Judgment After Oral Evidence
Outcome
Application granted. The Respondent is declared to be in unlawful occupation and is ordered to vacate Shop 5, Selgro Shopping Centre. Costs awarded to the Applicant.
Judges
Sishi
Legal Topics
Eviction, Lease Renewal Option, Onus of Proof, Notice Requirements
Land and Property Civil Procedure Eviction Lease Renewal Option Onus of Proof Notice Requirements

Case Brief

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Parties

Stand 2436 PMB (Pty) Ltd

Applicant

Isaac Kwesi Takor

Respondent

Procedural Posture

Urgent Application / Final Judgment After Oral Evidence

Legal Issues

  1. 1 Did the Respondent give timeous and proper written notice to the Applicant of his intention to renew the lease agreement for Shop 5, Selgro Centre?
  2. 2 Is the Respondent entitled to remain in occupation of Shop 5 after the expiry of the lease?
  3. 3 Who bears the onus of proof regarding the exercise of the renewal option under the lease agreement?

Ratio Decidendi

The court found that the Respondent failed to discharge the onus of proving that he gave timeous and proper written notice to the Applicant of his intention to renew the lease for Shop 5. The lease agreement required written notice at least six months prior to expiry, and the Respondent did not retain a copy of the alleged notice, nor did he follow up to confirm receipt. The evidence presented by the Applicant, including the testimony of Mr. Barnes and supporting correspondence, was clear, consistent, and credible. In contrast, the Respondent's version was found to be inherently improbable, lacking corroboration, and beset with inconsistencies. The court rejected the Respondent's argument...

Court Disposition

Application granted. The Respondent is declared to be in unlawful occupation and is ordered to vacate Shop 5, Selgro Shopping Centre. Costs awarded to the Applicant.

Orders

  • It is declared that the agreement of lease entered into by the Applicant and Respondent during or about February 2003 expired on 31 January 2008.
  • The Respondent is evicted from the premises at Shop 5, Selgro Shopping Centre, 361 Church Street, Pietermaritzburg, KwaZulu-Natal.