Transnet SOC Ltd v Zepe N.O (2771/2017) [2023] ZAECMKHC 57 (25 April 2023)

Transnet SOC Ltd v Zepe N.O (2771/2017) [2023] ZAECMKHC 57 (25 April 2023)

The court found that the plaintiff had succeeded in proving the defendant's indebtedness for arrear rental under all three lease agreements. The certificates of balance, issued in accordance with the lease agreements, constituted prima facie proof of the amounts owed. The defendant did not challenge the correctness of these certificates nor present any evidence to rebut the presumption of indebtedness. Accordingly, the plaintiff's claims were established on a balance of probabilities. The lease agreements also provided for costs on the attorney and client scale, which the court awarded.

Citation
[2023] ZAECMKHC 57
Parties
Plaintiff: Transnet SOC Ltd; Defendant: Baatile Penelope Zepe N.O. (in re: The Deceased Estate of Mthuthuzeli Allen Zepe)
Court
Eastern Cape High Court, Makhanda
Jurisdiction
South Africa
Judgment Date
25 April 2023
Case Number
2771/2017
Procedural Posture
Civil Action / Trial
Outcome
Judgment for the plaintiff for arrear rental and costs on the attorney and client scale.
Judges
JE Smith
Legal Topics
Lease Agreement, Arrear Rental, Prima Facie Proof, Contractual Liability
Land and Property Commercial and Corporate Lease Agreement Arrear Rental Prima Facie Proof Contractual Liability

Case Brief

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Parties

Transnet SOC Ltd

Plaintiff

Baatile Penelope Zepe N.O. (in re: The Deceased Estate of Mthuthuzeli Allen Zepe)

Defendant

Procedural Posture

Civil Action / Trial

Legal Issues

  1. 1 Whether the defendant is liable for arrear rental under three expired lease agreements.
  2. 2 Whether the certificates issued by the plaintiff constitute prima facie proof of indebtedness.
  3. 3 Whether the defendant rebutted the presumption of indebtedness created by the certificates.

Ratio Decidendi

The court found that the plaintiff had succeeded in proving the defendant's indebtedness for arrear rental under all three lease agreements. The certificates of balance, issued in accordance with the lease agreements, constituted prima facie proof of the amounts owed. The defendant did not challenge the correctness of these certificates nor present any evidence to rebut the presumption of indebtedness. Accordingly, the plaintiff's claims were established on a balance of probabilities. The lease agreements also provided for costs on the attorney and client scale, which the court awarded.

Court Disposition

Judgment for the plaintiff for arrear rental and costs on the attorney and client scale.

Orders

  • Judgment in the amount of R726,233.49 in respect of Claim A.
  • Interest on R726,233.49 calculated in terms of clause 38.1 of the Lease Agreement.