Van der Stel Sports Club v Cape Perfect Health CC t/a Perfect Health (4467/2018) [2018] ZAWCHC 167 (3 December 2018)

Van der Stel Sports Club v Cape Perfect Health CC t/a Perfect Health (4467/2018) [2018] ZAWCHC 167 (3 December 2018)

The court found that the applicant validly terminated the respondent's right to occupy the premises due to breach of the lease agreement, specifically the failure to pay rent. No written agreement existed permitting the respondent to withhold rental or set off damages, as required by the lease. The applicant remained a lawful tenant, and the respondent's continued occupation was unlawful following cancellation. The respondent's claims regarding authority and set off were rejected, as the applicant's constitution and resolutions evidenced proper authorisation, and the lease expressly excluded set off and indemnified the applicant against damages. The respondent's remedies for damages did...

Citation
[2018] ZAWCHC 167
Parties
Applicant: Van der Stel Sports Club; Respondent: Cape Perfect Health CC t/a Perfect Health
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
3 December 2018
Case Number
4467/2018
Procedural Posture
Urgent Application / Judgment After Written Submissions Following Failed Settlement
Outcome
Application for eviction granted; respondent ordered to vacate premises by 1 March 2019; costs awarded on attorney and client scale.
Judges
K M Savage
Legal Topics
Commercial Eviction, Lease Cancellation, Set Off, Authority to Institute Proceedings, Remission of Rent
Land and Property Civil Procedure Commercial Eviction Lease Cancellation Set Off Authority to Institute Proceedings Remission of Rent

Case Brief

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Parties

Van der Stel Sports Club

Applicant

Cape Perfect Health CC t/a Perfect Health

Respondent

Procedural Posture

Urgent Application / Judgment After Written Submissions Following Failed Settlement

Legal Issues

  1. 1 Whether the applicant validly terminated the respondent's right to occupy the premises.
  2. 2 Whether the respondent's continued occupation is unlawful following cancellation of the lease.
  3. 3 Whether any agreement existed permitting the respondent to withhold rental payments due to roof damage.

Ratio Decidendi

The court found that the applicant validly terminated the respondent's right to occupy the premises due to breach of the lease agreement, specifically the failure to pay rent. No written agreement existed permitting the respondent to withhold rental or set off damages, as required by the lease. The applicant remained a lawful tenant, and the respondent's continued occupation was unlawful following cancellation. The respondent's claims regarding authority and set off were rejected, as the applicant's constitution and resolutions evidenced proper authorisation, and the lease expressly excluded set off and indemnified the applicant against damages. The respondent's remedies for damages did...

Court Disposition

Application for eviction granted; respondent ordered to vacate premises by 1 March 2019; costs awarded on attorney and client scale.

Orders

  • The respondent and all those who hold occupation under it are directed to vacate the premises situated at erf 235, Stellenbosch on or before 1 March 2019.
  • If the respondent and those holding under it fail to comply, the Sheriff is authorised to evict them upon provision of a writ of ejectment.