Urban Dynamics (Gauteng) Inc v BLW Properties (Pty) Limited (A5051/2020 ; 13866/2019) [2023] ZAGPJHC 969 (18 August 2023)

Urban Dynamics (Gauteng) Inc v BLW Properties (Pty) Limited (A5051/2020 ; 13866/2019) [2023] ZAGPJHC 969 (18 August 2023)

The court held that BLW Properties' purported cancellation of the lease was invalid. The lease did not impose a duty on Urban Dynamics to control protestors or prevent riots; such responsibility lay with BLW as landlord, as evidenced by the security provisions and the definition of exclusive use areas. The conduct of protestors could not be attributed to Urban Dynamics as 'use or control' of the premises. The appeal was not waived by Urban Dynamics, as both parties tacitly agreed to a lull in proceedings and BLW did not act on the lapsed appeal. There was no prejudice to BLW in reinstating the appeal, and Urban Dynamics tendered costs for the reinstatement application. The eviction order...

Citation
[2023] ZAGPJHC 969
Parties
Applicant: Urban Dynamics (Gauteng) Inc; Respondent: BLW Properties (Pty) Limited
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
18 August 2023
Case Number
A5051/2020
Procedural Posture
Civil Appeal / Full Bench Appeal From Eviction Order
Outcome
Appeal upheld; eviction order set aside; BLW's application dismissed with costs.
Judges
GC Wright, S Mia, L Wepener
Legal Topics
Lease Cancellation, Eviction, Security for Costs, Reinstatement of Appeal, Contractual Interpretation
Land and Property Commercial and Corporate Lease Cancellation Eviction Security for Costs Reinstatement of Appeal Contractual Interpretation

Case Brief

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Parties

Urban Dynamics (Gauteng) Inc

Applicant

BLW Properties (Pty) Limited

Respondent

Procedural Posture

Civil Appeal / Full Bench Appeal From Eviction Order

Legal Issues

  1. 1 Whether BLW Properties validly cancelled the lease agreement with Urban Dynamics.
  2. 2 Whether Urban Dynamics breached the lease by failing to control protestors.
  3. 3 Whether the appeal should be reinstated after lapsing due to procedural delays.

Ratio Decidendi

The court held that BLW Properties' purported cancellation of the lease was invalid. The lease did not impose a duty on Urban Dynamics to control protestors or prevent riots; such responsibility lay with BLW as landlord, as evidenced by the security provisions and the definition of exclusive use areas. The conduct of protestors could not be attributed to Urban Dynamics as 'use or control' of the premises. The appeal was not waived by Urban Dynamics, as both parties tacitly agreed to a lull in proceedings and BLW did not act on the lapsed appeal. There was no prejudice to BLW in reinstating the appeal, and Urban Dynamics tendered costs for the reinstatement application. The eviction order...

Court Disposition

Appeal upheld; eviction order set aside; BLW's application dismissed with costs.

Orders

  • The appeal is reinstated.
  • The appellant is to pay the costs of the respondent in the reinstatement application.