Tower Property Fund Limited v Unitools CC and Another (2020/19245) [2021] ZAGPJHC 683 (22 October 2021)

Tower Property Fund Limited v Unitools CC and Another (2020/19245) [2021] ZAGPJHC 683 (22 October 2021)

The court found that Tower's claim for unpaid rental and related charges is for a liquidated amount and is supported by the written lease agreement. The defendants' four defences—misrepresentation, loss of beneficial occupation, breach of lease, and delictual counterclaim—were each considered and rejected. The...

Source-derived case information.

Citation
[2021] ZAGPJHC 683
Parties
Plaintiff: Tower Property Fund Limited; Defendant: Unitools CC; Defendant: Yoonnus Ahmed Hathurani
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
22 October 2021
Case Number
2020/19245
Procedural Posture
Summary Judgment Application / Application for Summary Judgment on Liquidated Claim
Outcome
Summary judgment granted in favour of the plaintiff for Claim 1.
Judges
Gotz AJ
Legal Topics
Commercial Lease, Summary Judgment, Exemption Clause, Exceptio Non Adimpleti Contractus, Guarantee Liability, Abatement of Rent
Land and Property Commercial and Corporate Civil Procedure Commercial Lease Summary Judgment Exemption Clause Exceptio Non Adimpleti Contractus Guarantee Liability +1 more

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Parties

Tower Property Fund Limited

Plaintiff

Unitools CC

Defendant

Yoonnus Ahmed Hathurani

Defendant

Procedural Posture

Summary Judgment Application / Application for Summary Judgment on Liquidated Claim

Legal Issues

  1. 1 Whether the plaintiff is entitled to summary judgment for unpaid rental and related charges under the lease agreement.
  2. 2 Whether the defendants have disclosed a bona fide defence to the claim for unpaid rental.
  3. 3 Whether the lease agreement and its exemption clauses preclude the defendants' defences and counterclaims.

Ratio Decidendi

The court found that Tower's claim for unpaid rental and related charges is for a liquidated amount and is supported by the written lease agreement. The defendants' four defences—misrepresentation, loss of beneficial occupation, breach of lease, and delictual counterclaim—were each considered and rejected. The alleged misrepresentation related to future events and was not pleaded as fraudulent, and the lease expressly excluded reliance on representations not contained in the agreement. The exceptio non adimpleti contractus was unavailable due to clauses requiring rent to be paid in advance and prohibiting withholding for any reason. The exemption clause (clause 29.2) broadly excluded...

Court Disposition

Summary judgment granted in favour of the plaintiff for Claim 1.

Orders

  • The application for summary judgment is granted.
  • The defendants, jointly and severally, must pay the plaintiff R94,459.13.