Steinway Trustees (Pty) Ltd v Boston Tea Party (Pty) Ltd and Another (2662/2008) [2008] ZAGPHC 314 (29 May 2008)

Steinway Trustees (Pty) Ltd v Boston Tea Party (Pty) Ltd and Another (2662/2008) [2008] ZAGPHC 314 (29 May 2008)

The court found that the parties entered into a valid lease agreement, which was renewed and remeasured, and the respondents accepted the terms by signing. The respondents failed to legally contest the validity of the agreement and continued to occupy the premises, even settling rental arrears. The lease agreement...

Source-derived case information.

Citation
[2008] ZAGPHC 314
Parties
Applicant: Steinway Trustees (Pty) Ltd; Respondent: Boston Tea Party (Pty) Ltd; Respondent: Bergh Adriaan; Respondent: Bergh Oelof
Court
High Courts - Gauteng
Jurisdiction
South Africa
Judgment Date
29 May 2008
Case Number
2662/2008
Procedural Posture
Summary Judgment Application / Hearing and Judgment
Outcome
Summary judgment granted in favour of the applicant; eviction order and costs on attorney and client scale.
Judges
Phatudi
Legal Topics
Eviction, Lease Agreement, Summary Judgment, Attorney and Client Costs
Land and Property Civil Procedure Eviction Lease Agreement Summary Judgment Attorney and Client Costs

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Summary, issues, holding and outcome

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Parties

Steinway Trustees (Pty) Ltd

Applicant

Boston Tea Party (Pty) Ltd

Respondent

Bergh Adriaan

Respondent

Bergh Oelof

Respondent

Procedural Posture

Summary Judgment Application / Hearing and Judgment

Legal Issues

  1. 1 Whether the applicant is entitled to evict the first respondent and all persons occupying through or under it from the leased premises.
  2. 2 Whether the applicant is entitled to costs on the attorney and client scale.
  3. 3 Whether the respondents have disclosed a bona fide defence to the applicant's claim.

Ratio Decidendi

The court found that the parties entered into a valid lease agreement, which was renewed and remeasured, and the respondents accepted the terms by signing. The respondents failed to legally contest the validity of the agreement and continued to occupy the premises, even settling rental arrears. The lease agreement explicitly provided for cancellation and repossession in the event of breach. The respondents' counterclaim did not constitute a bona fide defence to the eviction claim, as it was a separate matter not arising from the applicant's cause of action. The applicant was therefore entitled to the relief sought, namely eviction and costs on the attorney and client scale.

Court Disposition

Summary judgment granted in favour of the applicant; eviction order and costs on attorney and client scale.

Orders

  • The first respondent and all persons occupying through or under it are evicted from the leased premises.
  • The respondents are ordered to pay costs of suit on the attorney and client scale.