Strucstar Investments (Pty)Ltd vs Eskom Holdings Soc Ltd (2021/26409) [2022] ZAGPJHC 319 (10 May 2022)

Strucstar Investments (Pty)Ltd vs Eskom Holdings Soc Ltd (2021/26409) [2022] ZAGPJHC 319 (10 May 2022)

The court found that the correspondence between the parties established agreement on the quantum of damages for repairs to the leased premises, specifically the amount of R474,906.00 exclusive of VAT. The defendant's objections related only to project management and contingency fees, which were not claimed, and rental for November 2019. The defendant expressly agreed to pay the landlord for the actual quoted costs and did not set out an arguable defence to the claim for the liquidated amount. The plaintiff's entitlement to summary judgment was established, and the interest rate applicable is the prescribed rate of 7% per annum, as no other rate was proved.

Citation
[2022] ZAGPJHC 319
Parties
Applicant: Strucstar Investments (Pty) Ltd; Respondent: Eskom Holdings Soc Ltd
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
10 May 2022
Case Number
2021/26409
Procedural Posture
Summary Judgment Application / Judgment
Outcome
Summary judgment granted in favour of the plaintiff for the liquidated amount claimed, plus VAT and interest at the prescribed rate.
Judges
Moorcroft
Legal Topics
Summary Judgment, Liquidated Claim, Lease Agreement, Damages for Reinstatement, Prescribed Rate of Interest
Civil Procedure Land and Property Summary Judgment Liquidated Claim Lease Agreement Damages for Reinstatement Prescribed Rate of Interest

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Strucstar Investments (Pty) Ltd

Applicant

Eskom Holdings Soc Ltd

Respondent

Procedural Posture

Summary Judgment Application / Judgment

Legal Issues

  1. 1 Whether the plaintiff's claim is for a liquidated amount of money.
  2. 2 Whether the plaintiff is entitled to summary judgment.

Ratio Decidendi

The court found that the correspondence between the parties established agreement on the quantum of damages for repairs to the leased premises, specifically the amount of R474,906.00 exclusive of VAT. The defendant's objections related only to project management and contingency fees, which were not claimed, and rental for November 2019. The defendant expressly agreed to pay the landlord for the actual quoted costs and did not set out an arguable defence to the claim for the liquidated amount. The plaintiff's entitlement to summary judgment was established, and the interest rate applicable is the prescribed rate of 7% per annum, as no other rate was proved.

Court Disposition

Summary judgment granted in favour of the plaintiff for the liquidated amount claimed, plus VAT and interest at the prescribed rate.

Orders

  • The defendant is ordered to pay the plaintiff the sum of R474,906.00 plus value added tax at 15%, totalling R546,141.90.
  • The defendant is ordered to pay interest at 7% per annum on R474,906.00 from 8 November 2019 to date of payment.