Velloo v Rama (1154/2018) [2019] ZAECGHC 90 (17 September 2019)

Velloo v Rama (1154/2018) [2019] ZAECGHC 90 (17 September 2019)

The court found that the written lease agreement contained clear non-variation and non-waiver clauses, requiring any changes to be in writing and signed by both parties. The applicant's reliance on oral negotiations was insufficient to establish a valid extension of the lease, as these discussions were not formalized in writing. The court concluded that the applicant failed to demonstrate any reasonable prospect that another court would reach a different conclusion on the merits. Accordingly, the application for leave to appeal was dismissed.

Citation
[2019] ZAECGHC 90
Parties
Applicant: Rojini Velloo; Respondent: Janesh Rama
Court
Eastern Cape High Court, Grahamstown
Jurisdiction
South Africa
Judgment Date
17 September 2019
Case Number
1154/2018
Procedural Posture
Leave to Appeal / Application for Leave to Appeal After Eviction Judgment
Outcome
Application for leave to appeal dismissed with costs.
Judges
M Makaula
Legal Topics
Lease Agreement Variation, Eviction, Oral Agreement Vs Written Contract
Land and Property Civil Procedure Lease Agreement Variation Eviction Oral Agreement Vs Written Contract

Case Brief

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Parties

Rojini Velloo

Applicant

Janesh Rama

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal After Eviction Judgment

Legal Issues

  1. 1 Whether oral negotiations and discussions between the parties resulted in a valid extension of the lease agreement.
  2. 2 Whether the written lease agreement's non-variation clause precludes reliance on alleged oral agreements.
  3. 3 Whether another court would reasonably come to a different conclusion on the merits.

Ratio Decidendi

The court found that the written lease agreement contained clear non-variation and non-waiver clauses, requiring any changes to be in writing and signed by both parties. The applicant's reliance on oral negotiations was insufficient to establish a valid extension of the lease, as these discussions were not formalized in writing. The court concluded that the applicant failed to demonstrate any reasonable prospect that another court would reach a different conclusion on the merits. Accordingly, the application for leave to appeal was dismissed.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application is dismissed with costs.